News & Analysis as of

Private Equity Employee Benefits

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Prime Pension expands with another TPA purchase

Third Party Administrator Prime Pensions Inc. has purchased third-party administrator Valley Forge Pension Management....more

Troutman Pepper

Current Executive Compensation Trends in Private Equity Transactions — Troutman Pepper Podcast

Troutman Pepper on

In this installment of our Employee Benefits and Executive Compensation Considerations in Mergers and Acquisitions podcast series, Troutman Pepper Partners Joshua Gelfand and Michael Crumbock discuss current executive...more

Carlton Fields

Expect Focus - Volume II, May 2024

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Last Lap in SEC RILA Rulemaking Critical Unresolved Issues - Congress directed the SEC to adopt a new registration statement for registered indexed annuities (RILAs) by the end of June. Several months ago, the SEC...more

Bradley Arant Boult Cummings LLP

Employee Stock Ownership Plans for Construction Companies

In recent years, a growing number of construction companies have established employee stock ownership plans (ESOPs). The interest in an ESOP is often generated by the need for an exit strategy for one or more of the owners of...more

Foley & Lardner LLP

Retaining the Team: How to Mitigate Your Number One Risk in a Tech M&A Deal

Foley & Lardner LLP on

After M&A dealmaking cranked at an all-time high in 2021 with a record breaking 60,000 publicly disclosed deals aggregating over $5 trillion (see our recent article), the waters of M&A cooled considerably in 2022, with only...more

Latham & Watkins LLP

Worker Windfalls Bring Benefits for PE

Latham & Watkins LLP on

Sponsors are likely to explore share-based schemes and other plans to incentivise non-managerial staff. Incentivising management with sweet equity and co-investment opportunities is a tried and tested strategy for buyout...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL issues caution on private equity investments

The Department of Labor (DOL) has cautioned plan fiduciaries about private equity investments as components of investment options, such as target-date or balanced funds. ...more

Cadwalader, Wickersham & Taft LLP

SMArt Due Diligence - April 2022 | Issue No. 171 - Due Diligence on Public Funds in Funds-of-One

Fund Finance Friday has previously reported on the continuous rise of public pension money in private equity. Generally, such investments are made in commingled funds with a diversified group of investors, but we also...more

Kilpatrick

401(k) Plan Investments: ESG, Private Equity and Cryptocurrency

Kilpatrick on

Many employers desire to offer innovative investments in their 401(k) plans as a way to enhance the plan’s value, attract talent and appeal to a younger workforce. But decisions regarding investment options are subject to...more

Woodruff Sawyer

Transactional Risk in M&A and Private Equity: Insurance Trends in 2022

Woodruff Sawyer on

Part of every transaction’s due diligence process is the insurance and risk management workstream. Insurance and employee benefits due diligence is becoming more and more important to private equity firms looking to protect...more

Faegre Drinker Biddle & Reath LLP

Department of Labor Issues New Guidance on Private Equity Investments in Individual Account Plans

On December 21, 2021, the Department of Labor (DOL) issued additional guidance on the use of private equity investments in certain retirement plans, warning that most plan fiduciaries will not have enough experience to...more

Carlton Fields

Private Equity in 401(k) Plans: A Holiday Sequel

Carlton Fields on

If you thought the “Matrix” and “Spider-Man” sequels were impressive, you will be delighted to know that in a matter of weeks after revisiting its guidance on ESG retirement plan investments, the Department of Labor also...more

Proskauer - Employee Benefits & Executive...

DOL Statement on Private Equity Investment Emphasizes Fiduciary Responsibility

On December 21, 2021, the Department of Labor (the “DOL”) published a Supplemental Statement (the “Supplemental Statement”) to its June 3, 2020 Information Letter (the “2020 Letter”) addressing fiduciary considerations for...more

Morgan Lewis - ML Benefits

Department of Labor Waves Caution Flag for 401(k) Private Equity Investing

The Department of Labor (DOL) delivered a surprise holiday gift on December 21, 2021 to fiduciaries of participant-directed 401(k) plans subject to the Employee Retirement Income Security Act of 1974 (ERISA), as...more

Dechert LLP

The Pendulum Swings – Department of Labor Changes Its Tone for Private Equity Under 401(k) Plans

Dechert LLP on

Last week, the U.S. Department of Labor (the "DOL") on December 21, 2021 issued a supplement (the “2021 Supplement”) to a June 2020 Information Letter (the "2020 Information Letter") that had addressed the possible use of...more

Seyfarth Shaw LLP

Another Swing in DOL Investment Position

Seyfarth Shaw LLP on

Seyfarth Synopsis: Reminiscent of the DOL’s about-face on ESG investing by ERISA fiduciaries [discussed here], this week the DOL has issued a “supplemental statement” on its view of the use of private equity investments in...more

Groom Law Group, Chartered

DOL Issues Supplemental Guidance on DC Plan Private Equity Investments

On December 21, 2021, the Department of Labor (“DOL”) issued a statement concerning the investment in private equity by ERISA-covered defined contribution plans (the “Statement,” available here). The Statement is intended to...more

Dickinson Wright

PE Funds Are Not Part of Controlled Group; What About Your Company?

Dickinson Wright on

Earlier this month, the U.S. Supreme Court denied a request to review the First Circuit Court of Appeals decision in the Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund case, thereby...more

McDermott Will & Emery

DOL: Path for 401(k) Plans to Offer Private Equity Investment Options

McDermott Will & Emery on

The US Department of Labor (DOL) issued an information letter in June 2020 indicating that, in limited circumstances, it will allow defined contribution retirement plans (such as 401(k) plans) to indirectly invest in private...more

Carlton Fields

DOL Warms Up to Private Equity in 401(k) Plans

Carlton Fields on

On June 3, 2020, the Department of Labor provided valuable insights via an information letter addressing private equity investment (PEI) within defined contribution retirement plans (such as 401(k) plans). ...more

Epstein Becker & Green

DOL Provides Guidance for Private Equity Investments in 401(k) Plans

Epstein Becker & Green on

Employers that are fiduciaries of participant-directed individual account plans (such as 401(k) plans) subject to the Employee Retirement Income Security Act of 1974, as amended (‘Plans” and “ERISA”, respectively) should be...more

Burr & Forman

Labor & Employment E-Note - July 2020

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Spotlight - Wrongfully Convicted of Murder, Tennessee Board of Parole Recommends Adam Braseel to be Exonerated - On June 24, 2020, The Tennessee Board of Parole voted unanimously to recommend that Gov. Bill Lee...more

Burr & Forman

DOL Cracks Open the Door for Private Equity in 401(k) Plans

Burr & Forman on

The U.S. Department of Labor (the “DOL”) recently released an information letter that concludes, if certain conditions are met, a plan fiduciary will not violate his fiduciary duties under the Employee Retirement Income...more

Morgan Lewis

Recent Developments in ERISA Plan Investment Regulation

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The US Department of Labor has issued guidance on private equity in 401(k) plan designated investment alternatives and a proposed regulation on environmental, social, and governance investing....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL to allow private equity investments in DC Plans

The Department of Labor (DOL) released some new guidance that might facilitate the inclusion of private equity (PE) exposure in participant-directed defined contribution (DC) plans ERISA. The guidance contemplates the...more

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