Fiduciary/ERISA

Seyfarth attorneys regularly act as fiduciary counsel to pension funds (both single employer and multi-employer), governmental retirement systems, public and private REITS, and other institutional investors and fund managers across the U.S. regarding the legal aspects of their investments, fiduciary matters and tax issues, as well as compliance with statutory requirements.

In representing our clients on fiduciary matters, we can call upon a team consisting of employee benefits attorneys, as well as real estate, tax, private equity, securities, corporate, finance, and litigation attorneys to handle virtually every aspect of fiduciary counseling on behalf of public and private pension funds, whether the fiduciary counseling be with respect to benefit administration, investments, conflicts of interest, or other matters.  Our team also represents investment advisors and fund managers who work with these investors regarding their fiduciary duties to their clients.  Of particular importance to our institutional clients is our knowledge of ERISA, various state laws, UBTI and REITs, which allow us to be an integral part of the strategic teams that help our clients succeed.

We have also advised numerous public and private funds regarding:

  • Boundaries of fiduciary responsibility

  • Circumstances under which non-fiduciaries may be liable for breaches of duty

  • Measures that effectively insulate funds from potential liability

  • Measures that protect individual fiduciaries from co-fiduciary liability

  • Prohibited transactions and alternative investment structures

  • Regulatory issues

  • State pension codes and administrative review statutes

  • The exercise of interpretive or discretionary powers

  • Funding obligations

  • Contractual matters

  • Conflicts of interest

  • Public access to meetings, documents and records

  • Litigation