Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation
Episode 25: Key Contractual Provisions for Employers to Incorporate in Documents with Confidentiality Covenants

Episode 25: Key Contractual Provisions for Employers to Incorporate in Documents with Confidentiality Covenants

May 22, 2019

In this episode of The Proskauer Brief, Kate Napalkova, special employee benefits and executive compensation counsel, and associate Oleg Zakatov discuss potential pitfalls that lurk in employment agreements and other employee compensation arrangements. Specifically, they will focus on key contractual provisions that employers should incorporate into any document that includes a confidentiality covenant. Employers should be sure to tune in to see why involving your in-house team and outside executive compensation and employment counsel to regularly audit employment agreements, employee handbooks, independent confidentiality and IP assignment agreements, and other company policies is always a good idea.

Episode 24: Plan Assets Exceptions for Private Investment Funds

Episode 24: Plan Assets Exceptions for Private Investment Funds

May 13, 2019

In this episode of the Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll provide an overview of the plan assets exceptions for private investment funds, and discuss why such plan assets exceptions matter to private investment fund managers that might want to accept investments from ERISA-covered plans. Given that compliance with a plan assets exception may prove to be quite complex, they highly recommend that private investment fund managers consult with experienced ERISA legal counsel during all phases of their fund formation and fundraise, and Proskauer is always here to help in that regard. Be sure to tune in to this episode.

Episode 23: Cyber Theft in 401K Plans

Episode 23: Cyber Theft in 401K Plans

April 25, 2019

In this episode of the Proskauer Benefits Brief, partner Rob Projansky and associate Jennifer Rigterink follow up on a previous Benefits Brief episode on Cybersecurity and Employee Benefit Plans by discussing the risks associated with cyber theft of 401k plans. Cyber theft in 401k plans usually happens when a hacker has a person’s credentials and is able to access their plan account through e-mail phishing, or malware/spyware. They are likely to steal social security numbers and other personal information as well. We’ll discuss some of the risks and remedies associated with cyber theft of these 401k plans, so be sure to tune in to this episode.

Episode 22: Suspension of Benefits Issues

Episode 22: Suspension of Benefits Issues

April 1, 2019

In this episode of the Proskauer Benefits Brief, partner Paul Hamburger, and associate Katrina McCann discuss the suspension of benefits rules, and the unique and interesting issues that arise when defined benefit plan participants work beyond their normal retirement age.  Plan sponsors and administrators should tune in, as these rules are quite complicated and are often misunderstood.

Episode 21: Attorney-Client Privilege in the Employee Benefit Plan Context

Episode 21: Attorney-Client Privilege in the Employee Benefit Plan Context

March 19, 2019

In this episode of the Proskauer Benefits Brief, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, and associate Joe Clark discuss how the attorney-client privilege rules apply in an employee benefit plan context. The attorney-client privilege allows for the free flow of information between an attorney and a client in order to insure that the client gets the best possible representation. We discuss the various specific rules that apply in the employee benefit plan context where information is often shared between attorneys and plan fiduciaries. Be sure to tune in for the latest insight on this significant issue and visit Proskauer’s Employee Benefits and Executive Compensation Blog for more information.

Episode 20: Key Considerations for ERISA Plan Fiduciaries When Delegating Investment Authority

Episode 20: Key Considerations for ERISA Plan Fiduciaries When Delegating Investment Authority

January 8, 2019

In this episode of The Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss the key considerations for ERISA plan fiduciaries when delegating investment authority over plan assets.  We will break down some of the material ERISA issues that may apply when an ERISA plan hires a separate account investment manager or invests in a private investment deemed to be holding ERISA plan assets.

Episode 19: Proposed IRS Regulations Affecting 401(k) and 403(b) Plans

Episode 19: Proposed IRS Regulations Affecting 401(k) and 403(b) Plans

December 19, 2018

In this episode of the Proskauer Benefits Brief, Paul Hamburger, co-chair of Proskauer’s Employee Benefits & Executive Compensation Group, and associate Steven Einhorn discuss the recently proposed IRS regulations addressing the hardship withdrawal rules affecting 401(k) and 403(b) plans.  We will discuss challenging questions employers and administrators face as they work through the new requirements, which include the elimination of the six-month contribution suspension for participants who take a hardship withdrawal and how many plans will need to be amended as a result of these new proposed regulations. Be sure to tune in for the latest insight on this very important issue and visit Proskauer’s Employee Benefits and Executive Compensation Blog for more information.

Episode 18: Texas Judge Declares Affordable Care Act Unconstitutional

Episode 18: Texas Judge Declares Affordable Care Act Unconstitutional

December 19, 2018

In this episode of the Proskauer Benefits Brief, partner Robert Projansky and associate Katrina McCann discuss the recent district court case, Texas et al. v. The United States of America, which declared the Affordable Care Act (ACA) unconstitutional. On December 14, 2018, a district court judge in the Northern District of Texas deemed the entirety of the Affordable Care Act invalid because he found the individual mandate to be unconstitutional. From what would happen to the employer mandate to emergency care coverage, tune in as we discuss what these changes could mean for employers and plan sponsors if the court’s decision is ultimately upheld.

Episode 17: Key Considerations for ERISA Investors in Private Investment Funds

Episode 17: Key Considerations for ERISA Investors in Private Investment Funds

November 9, 2018

In this episode of The Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss the key considerations for ERISA investors in private investment funds, as well as a plan fiduciary’s overarching fiduciary duties and responsibilities that are related thereto. One of the first key considerations is to determine the plan asset status of the private investment fund. Tune in and listen as we break down the material ERISA issues for ERISA investors to consider when investing in private investment funds.

Episode 16: Nuts and Bolts on a Management Buyout (Part 7 of 7)

Episode 16: Nuts and Bolts on a Management Buyout (Part 7 of 7)

October 22, 2018

In the final episode of a seven-part series for The Proskauer Benefits Brief, partners Michael Album and Josh Miller talk about employment agreements in the context of a management buyout. They go over the key terms and issues that management should focus on when reviewing and negotiating their go-forward employment arrangements, compensation structure, severance protection and restrictive covenants with the buyer following the sale. Tune in and listen for the latest insights on management buyouts.