Proskauer Benefits Brief: Legal Insight on Employee Benefits & Executive Compensation
Episode 46: Employee Retention Issues

Episode 46: Employee Retention Issues

February 18, 2022

In this episode of The Proskauer Benefits Brief, Proskauer partner David Teigman, senior counsel Nick LaSpina, and special guest Michelle Garrett, a principal at the compensation consulting firm Semler Brossy, discuss employee retention. It seems like there is an article almost every day talking about the “great resignation.”  In a nutshell, there have been far more job transitions recently than there have been in the past. Tune in as we discuss what employers can do to help retain employees in this working environment.

Episode 45: Key ERISA Fee and Investment Litigation Developments and the Impact of Hughes v. Northwestern University

Episode 45: Key ERISA Fee and Investment Litigation Developments and the Impact of Hughes v. Northwestern University

February 17, 2022

In this episode of The Proskauer Benefits Brief, Myron D. Rumeld, partner and co-chair of Proskauer’s ERISA Litigation group and senior associate Tulio D. Chirinos, review the current state of affairs with respect to the litigation challenging the fees charged and investments offered in defined contribution plans; and The Supreme Court’s recent decision in Hughes v. Northwestern University where the court reversed and remanded the Seventh Circuit’s decision affirming dismissal of a 403(b) plan excessive fee litigation.

Episode 40: ERISA Plan Asset “Hard-Wired” Conduit Feeders

Episode 40: ERISA Plan Asset “Hard-Wired” Conduit Feeders

February 28, 2020

For a number of ERISA, tax and other regulatory reasons, it may be desirable for the manager or sponsor of an investment fund or other structure to utilize what is often referred to as a plan asset "hard-wired" conduit feeder.  Tune in to this podcast as partner Ira Bogner and senior counsel Adam Scoll discuss more about these structures, and the advantages they can provide.   

Episode 39: VCOC Management Rights

Episode 39: VCOC Management Rights

December 17, 2019

In this episode of the Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss VCOC "Management Rights."  For VCOC compliance purposes, "management rights" are contractual rights directly between an investing entity and an operating company by which the investing entity can substantially participate in, or substantially influence the conduct of, the management of the operating company.  Unfortunately, there is not a ton of guidance out there explaining what constitutes sufficient VCOC "management rights," so make sure to tune in to this podcast to hear our views.    

Episode 37: ERISA’s Bonding Requirements

Episode 37: ERISA’s Bonding Requirements

October 2, 2019

In this episode of the Proskauer Benefits Brief, partner Ira Bogner and senior counsel Adam Scoll discuss ERISA’s bonding requirements. ERISA’s bonding rules generally require that every fiduciary of an ERISA-covered employee benefit plan and every person who handles funds or other property of such a plan be bonded. We will break down these bonding rules and their importance, so be sure to tune in to this episode.

Episode 35: COBRA Basics Part 10: COBRA penalties for noncompliance

Episode 35: COBRA Basics Part 10: COBRA penalties for noncompliance

July 15, 2019

In this episode of The Proskauer Benefits Brief, our final installment in the series exploring the basic COBRA rules, partner Paul Hamburger is joined by associate Katrina McCann and they discuss the penalties for noncompliance. Employers and plan administrators often ask what types of penalties they are exposed to if they get it wrong. What is the cost in correcting the COBRA error? We discuss these important issues so be sure to tune in.

Episode 34: COBRA Basics Part 9: COBRA rules for nontraditional health programs

Episode 34: COBRA Basics Part 9: COBRA rules for nontraditional health programs

July 15, 2019

In this episode of The Proskauer Benefits Brief, our series on the COBRA basics rolls on. Partner Paul Hamburger is joined by associate Talya Scolnik and they discuss some of the key COBRA considerations for some of the nontraditional health plan related programs such as Employee Assistance Programs (EAPs) and Health Wellness Programs, Flexible Spending Accounts (FSAs) and Health Reimbursement Arrangements (HRAs).

Episode 33: COBRA Basics Part 8: COBRA in the M&A Context

Episode 33: COBRA Basics Part 8: COBRA in the M&A Context

July 15, 2019

In this episode of The Proskauer Benefits Brief, partner Paul Hamburger and associate Tyler Forni highlight some of the key COBRA rules to keep in mind in Mergers and Acquisition context. Most people understand that in any M&A interaction, COBRA rules need to be addressed, so be sure to tune in to the next episode in this COBRA series.

Episode 32: COBRA Basics Part 7: Key Rules to Understand How Long COBRA lasts

Episode 32: COBRA Basics Part 7: Key Rules to Understand How Long COBRA lasts

July 15, 2019

In this episode of The Proskauer Benefits Brief, our series outlining the basic COBRA rules continues. Partner Paul Hamburger and associate Talya Scolnik highlight some of the key COBRA rules to keep in mind in understand how long COBRA coverage lasts. This can be a complicated and very technical issue, so be sure to tune in.

Episode 31: COBRA Basics Part 6: What are the COBRA Premium Payment Rules?

Episode 31: COBRA Basics Part 6: What are the COBRA Premium Payment Rules?

July 15, 2019

In this episode of The Proskauer Benefits Brief, partner Paul Hamburger joins Jennifer Rigterink to talk about some of the tricky points related to COBRA premium payment rules. In this installment of our series on COBRA rules, they highlight what plan administrators need to consider when facing COBRA premium payment issues.