ERISA Developments Affecting Private Equity & Hedge Funds

Tuesday, September 9, 2014 | 6:00 p.m. – 8:00 p.m.


PROGRAM CO-CHAIRS

Kenneth J. Laverriere, Shearman & Sterling LLP

Glenn R. Sarno, Simpson Thacher & Bartlett LLP

  • This program will focus on key issues and developments that arise under ERISA when organizing and operating private equity and hedge funds.

    The experienced faculty will examine the main ERISA issues affecting fund formation, including:
    • Identifying benefit plan investors
    • Applying the ERISA plan asset rules to different fund structures
    • Drafting and negotiating ERISA provisions in fund documents and side letters with benefit plan investors

    The program will also cover: 
    • ERISA issues that impact the operation of funds and the investment of fund assets, such as managing an ERISA plan asset fund
    • Qualifying investments as venture capital investments for purposes of the ERISA plan asset rules
    • Implications of the recent Sun Capital and Saint-Gobain decisions for private equity funds

    Live Program (includes download of materials):

    Who Should Attend: ERISA practitioners and fund attorneys who need a fundamental understanding of the implications of ERISA for their practice or anyone who would benefit from a discussion of these topics by experienced ERISA practitioners. The program will be useful both for ERISA and non-ERISA practitioners.

    Live Program – (includes materials):
    Member: $199
    Nonmember: $299

  • Ira G. Bogner, Proskauer Rose LLP

    Michael S. Hong, Paul, Weiss, Rifkind, Wharton & Garrison LLP

    Ian L. Levin, Willkie Farr & Gallagher LLP

    Alicia C. McCarthy, Wachtell, Lipton, Rosen & Katz

    David C. Olstein, Skadden, Arps, Slate, Meagher & Flom LLP

    Amanda N. Persaud, Wachtell, Lipton, Rosen & Katz

    Brian D. Robbins, Simpson Thacher & Bartlett LLP

  • 6:00 P.M. – 6:05 P.M. Introduction

    6:05 P.M. – 7:00 P.M. Structuring

    • Why ERISA matters in fund structuring
    • Tips for effective interaction between ERISA practitioners and fund team
    • Overview of plan asset regulations
    • Compliance with the 25% test
    • Customary fund provisions
    • Consequences of and steps to deal with non compliance
    • Compliance with VCOC and REOC requirements
    • Customary fund provisions
    • Structuring a plan asset feeder

    Moderator: Amanda N. Persaud
    Speakers: Ira Bogner, David Olstein & Brian Robbins

    7:00 P.M. – 8:00 P.M. Investment Activity

    • Controlled group liability under ERISA
    • Other issues in structuring VCOC and REOC investments
    • Negotiations with PBGC
    • Implications of Saint-Gobain and Asahi Tec
    • Investing assets of plan asset fund or parallel separate account

    Moderator: Michael S. Hong
    Speakers: Ken Laverriere, Ian Levin & Alicia McCarthy


  • New York Credit: 2.0 professional practice
    This program provides transitional/non-transitional credit for all attorneys.
    California Credit:
    2.0 general MCLE
    New Jersey Credit: 2.3 general MCLE
    Pennsylvania Credit: 1.5 general MCLE

  • Save $$ on DVDs & CDs
    *DVDs – (includes materials):
    $199 Member
    $299 Nonmember

    *CDs – (includes materials): 
    $149 Member
    $224 Nonmember

    *Materials Only (no CLE credit):
    $99 Member
    $129 Nonmember

    * New York residents will be charged the New York sales tax for all audio visual purchases.


  • Can’t make it to the program in person?  Now you can attend this program from your office or home.  Register and view by clicking on the Casemaker logo below: – See more at: https://cleoffstg.wpengine.com//current-ethical-issues-practice-securities-law/#sthash.jx6aDPxz.dpuf

    Can’t make it to the program in person?  Now you can attend this program from your office or home.  Register and view by clicking on the Casemaker or West LegalEdcenter logo below:

    Casemaker

  • Sponsoring Association Committees: Employee Benefits & Executive Compensation, Rania V. Sedhom, Chair & Private Investment Funds, Glenn R. Sarno, Chair

    Sponsorship Opportunities are Available! Please Contact: 
    Ann Rappleye, Director, City Bar Center for CLE | (212) 382-6606 | ARappleye@nycbar.org or
    ____________________________________________________________________________________________
    Darianne De Leon, Program & Sponsorship Coordinator, City Bar Center for CLE | (212) 382-6731 | ddeleon@nycbar.org