More Employee Benefits (ERISA) Articles


A Trap For The Unwary: Employee Benefit Plans And The Fiduciary Exception To The Attorney-Client Privilege

An employer that administers an employee benefit plan often takes on the role of fiduciary. Under the fiduciary exception to the attorney-client privilege, communications between a plan fiduciary and counsel regarding matters of plan administration have been held to be discoverable, to the extent...

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Private Equity

The Risks For Private Equity In Companies With Underfunded Benefit Plans

Editor: Please provide our readers with the facts involved in the case Sun Capital Partners v. New England Teamsters & Trucking Industry Pension Fund. Raskin: In the Sun Capital case, the First Circuit Court of Appeals held that an investment fund managed by a private equity firm, Sun...

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Rolling Out The Affordable Care Act

Editor: Please describe your background as Health Care Counsel in the IRS Office of Chief Counsel where you had a key role in developing and advising on the Affordable Care Act. Livingston: I spent ten years as an executive in the IRS Office of Chief Counsel, the last three of which were...

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