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Employment and Benefits

United States

In the US, the focus of our pension practice is threefold:

  • advising pension funds and mutual funds on pension investments and their obligations under ERISA,
  • advising on the treatment of pensions in corporate transactions, and
  • advising on the ERISA disclosure in offering documents with respect to pension investors.

We are increasingly seeing U.S. plan sponsors seeking to implement formal risk management strategies, to limit the financial risks associated with their defined benefit pension plans and to transfer plan liabilities off their balance sheets. We can advise on customised derisking strategies to meet the needs of a specific plan, plan sponsor and/or economic challenge.

The Department of Labor’s new ruling, the Fiduciary Rule, which is scheduled to be phased in from 10 April 2017, expands the ‘investment advice fiduciary’ definition under ERISA. The Fiduciary Rule would automatically elevate all financial professionals who work with retirement plans or advise on retirement planning to the level of a fiduciary, legally and ethically binding them to meet the standards of that status. It is unclear, however, whether the new Trump administration will delay the Fiduciary Rule indefinitely or revert back to the previous regulatory framework.

If the Fiduciary Rule comes into force, financial services entities will need to review their investments to determine compliance with the new legislation. 

For more details of our derisking work, click here.

Click here for examples of our recent experience. 

Brian Jebb

United States BrianJebb


Derisking Consultant of the Year

FT Pension and Investment Provider Awards 2014

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Best Law Firm

Engaged Investor Trustee Awards 2016

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Firm of the Year - Pensions and Benefits

Who’s Who Legal Awards 2016

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