Fiduciary Issues
Since the enactment of ERISA in 1974, we have helped our clients address the fiduciary and prohibited transaction requirements of that legislation. We have advised on most significant issues that have arisen under those provisions of ERISA, including the following:
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Appropriate administrative and claims procedures, taking into account both court decisions and applicable regulations.
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Allocation of voting responsibility for stock owned by a plan.
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Joint investments by a plan and a party in interest.
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ESOP fiduciary issues.
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Securities lending by plans and plan investments in derivatives.
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Transactions by plans involving employer securities and employer real property.
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Structure of investment management relationships and allocation of fiduciary responsibilities.
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Compliance with the conditions of nearly all the prohibited transaction class exemptions.
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Resolution of investment, plan expense, prohibited transaction and other issues raised in Department of Labor audits.
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