Our Practice Groups

ERISA Investment Advisory Services

Our attorneys represent a wide range of clients on the ERISA regulatory issues that are associated with investments by U.S. pension plans. These clients may be accepting investments from ERISA investors or engaging in other transactions with ERISA counterparties, or have fiduciary responsibility for managing ERISA plan assets.

After identifying whether ERISA’s fiduciary and regulatory obligations are implicated in an investment transaction -- for either the client or its counterparties -- our focus turns to creating workable solutions that meets our clients’ needs and achieves a transaction’s goals. Our attorneys also have a deep understanding of market customs and practices, ensuring that our clients always receive “state of the art” advice.

On any given matter, our attorneys may be called on to provide advice and assistance on a wide variety of issues, including but not limited to the regulatory consequences of accepting investments from ERISA investors; disclosures and contract terms that are needed to address these consequences; an investment fund’s compliance with ERISA’s venture capital operating company (or “VCOC”) rules; compliance with ERISA’s prohibited transaction rules; other ERISA fiduciary standards that apply to persons who are responsible for the management of ERISA plan assets; the negotiation of trust agreements and investment management agreements on behalf of a plan’s trustees, investment managers or fiduciaries; and Department of Labor audits.

Our attorneys also work closely with Morrison Cohen’s other practice groups, in particular our Corporate Department, ensuring that our advice is comprehensive not only with respect to ERISA matters, but for the entire transaction and our clients’ needs.

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