Proskauer Benefits Brief: Legal Insight on Compensation & Benefits

Proskauer
  • 4.9 (10)
  • Business
  • Updated Semimonthly

In-depth discussions on all things compensation and benefits-related from the thought leaders of Proskauer’s highly-ranked lawyers.

  1. Apr 15

    Episode 61: DOL Issues Proposal on Alternative Assets in 401(k) Plans

    In this episode, Justin Alex and Adam Scoll discuss the U.S. Department of Labor’s recently issued proposed regulation regarding ERISA fiduciary duties in selecting designated investment alternatives offered under participant-directed defined contribution plans, such as 401(k) plans. They examine the parameters of the proposal’s safe harbor, which reinforces ERISA’s focus on process over outcomes and highlights six key factors for fiduciary consideration when selecting designated investment alternatives. The proposal is designed to facilitate the inclusion of alternative assets within designated investment alternatives.

    9 min

  2. Mar 24

    Episode 60: Private Investment Funds and Withdrawal Liability

    In the next episode of our ongoing series on withdrawal liability, Neil Shah and Justin Alex are joined by Adam Scoll to explore how the withdrawal liability of a private investment fund’s portfolio company can extend to the fund itself (and potentially others). They discuss the “trade or business” and “common control” tests, the impact of the Sun Capital and Longroad decisions, and how fund structure, governance, and fee arrangements can influence exposure. The conversation also highlights practical considerations for diligence, deal structuring, and risk management, and why active oversight and ownership levels can have unintended consequences for funds and their advisors.

    15 min

  3. Mar 17

    Episode 59: Withdrawal Liability “Cheat Codes”: Section 4204 (Part Two)

    In the second part of their discussion, Neil Shah and Rob Projansky take a closer look at what happens when a Section 4204 transaction doesn’t go as planned. Together, they explore how courts interpret the statute’s requirements, the risks that arise when parties miss key steps, and the potential consequences for both buyers and sellers. They also discuss practical strategies for managing these risks, how staged transactions can complicate the analysis, and why parties may choose not to rely on Section 4204 in certain situations.

    17 min

  4. Mar 11

    Episode 58: Withdrawal Liability “Cheat Codes”: Section 4204

    In this first installment of a two-part conversation, Neil Shah and Rob Projansky unpack one of ERISA’s most talked-about “cheat codes”: Section 4204. They explain how a properly structured asset sale can avoid triggering withdrawal liability, why the rule exists, and the three core pillars that must be satisfied, including contribution continuity, secondary liability, and bonding requirements. The episode also explores the roles of buyers, sellers, and plans in navigating these transactions, and why careful drafting and timing are critical.

    12 min

  5. Feb 24

    Episode 57: Bankruptcy Meets Withdrawal Liability: Claims, Challenges and Recovery

    In the second part of their discussion on bankruptcy and withdrawal liability, Neil Shah and Daniel Desatnik examine what plans can recover on withdrawal liability claims in bankruptcy and how debtors may push back. Listen as they cover interest, fees and present value calculations, administrative and priority disputes, distressed employer defenses, third-party releases and successor liability risks in asset sales. For multiemployer plans and their advisors, they also highlight how timing, strategy and careful attention to plan terms and court filings can materially affect recovery.

    15 min

  6. Feb 19

    Episode 56: Bankruptcy Meets Withdrawal Liability

    In this first episode of a two-part conversation, senior counsel Neil Shah is joined by partner Daniel Desatnik of our Bankruptcy and Restructuring Group to examine how withdrawal liability claims change when bankruptcy enters the picture. Together, they discuss the automatic stay, arbitration versus bankruptcy court, proof of claim strategy, priority and administrative expense issues, and the practical steps plans should take to protect their rights. They also highlight strategic considerations and edge cases that can significantly affect recovery.

    14 min

  7. Feb 10

    Episode 55: Withdrawal Liability at the Bargaining Table

    What happens at the bargaining table may lead an employer to close a facility, exit a line of business, go non-union, or opt for an entirely different compensation mix for its employees. All of these can trigger the employer's obligation to pay withdrawal liability. In this episode of our multi-part series on withdrawal liability, senior counsel Neil Shah and partner Josh Fox unpack the ways in which withdrawal liability surfaces in labor negotiations and what employers can do about it.

    13 min

  8. Feb 3

    Episode 54: Additional Ways One Can Become Responsible for Withdrawal Liability

    In the second part of a two-episode segment, senior counsel Neil V. Shah and partner Anthony Cacace walk through the five additional federal pathways that can extend withdrawal liability beyond the withdrawing employer. Together, Neil and Anthony cover single employer, alter ego, successor, evade-or-avoid, and combined theories of liability, explaining how plans build their cases to hold others liable under these theories and why these concepts matter in the real world.

    13 min
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4.9
out of 5
10 Ratings

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In-depth discussions on all things compensation and benefits-related from the thought leaders of Proskauer’s highly-ranked lawyers.

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