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Articles by Anthony Cacace
Proskauer Benefits Brief: Additional Ways One Can Become Responsible For Withdrawal Liability (Podcast)
Justin Alex’s articles from Proskauer Rose LLP are most popular: within Employment and HR topic(s) in United States with readers working within the Law Firm industries Proskauer Rose LLP are most popular: within Environment topic(s) Last week, senior counsel Neil Shah and partner Anthony Cacace covered the most common way withdrawal liability extends beyond the employer. This week, they cover the rest.
Proskauer Benefits Brief: What Do You Mean I'm Liable? - Controlled Group Liability And ERISA Withdrawal Exposure (Podcast)
Proskauer Rose LLP are most popular: within Environment topic(s) with readers working within the Banking & Credit industries Withdrawal liability can reach far beyond the withdrawing employer. The most common way a non-employer becomes liable is through controlled group liability.
Pre-Petition Settlement Agreement Not an Assumable, Assignable, Executory Contract
In Svenhard’s Swedish Bakery v. United States Bakery, Bk. No. 19-15277, 2023 WL 5541420 (9th Cir. Aug. 29, 2023), the Ninth Circuit held that a settlement agreement that resolved an employer’s withdrawal liability to a multiemployer pension fund was not an executory contract that could be assumed and assigned to a third-party when that employer subsequently filed for bankruptcy.
Pre-petition settlement agreement not an assumable, assignable, executory contract
In Svenhard’s Swedish Bakery v. United States Bakery, Bk. No. 19-15277, 2023 WL 5541420 (9th Cir. Aug. 29, 2023), the Ninth Circuit held that a settlement agreement that resolved an employer’s withdrawal liability to a multiemployer pension fund was not an executory contract that could be assumed and assigned to a third-party when that employer subsequently filed for bankruptcy.
ERISA Disclosure Requirements for Service Providers Extended to Group Health Plans | JD Supra
The recently enacted Consolidated Appropriations Act of 2021 (“CAA”) requires new disclosures for brokers and other consultants providing services to certain group health plans.
ERISA Disclosure Requirements For Service Providers Extended To Group Health Plans
United States: ERISA Disclosure Requirements For Service Providers Extended To Group Health Plans 11 February 2021 by Neal Schelberg , Anthony Cacace and Mary Grace Richardson Proskauer Rose LLP Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com. The recently enacted Consolidated Appropriations Act of 2021 ("CAA") requires new disclosures for brokers and other consultants providing services to certain group health plans.
ERISA Disclosure Requirements for Service Providers Extended to Group Health Plans
The recently enacted Consolidated Appropriations Act of 2021 (“CAA”) requires new disclosures for brokers and other consultants providing services to certain group health plans.
Second Circuit Prohibits Retroactive Changes To Withdrawal Liability Interest Rate Assumptions
Registration (please scroll down to set your data preferences) Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaqs use of your personal data can be found in our Privacy and Cookies Notice): To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
Second Circuit Prohibits Retroactive Changes to Withdrawal Liability Interest Rate Assumptions | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Second Circuit Prohibits Retroactive Changes to Withdrawal Liability Interest Rate Assumptions
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
Second Circuit Prohibits Retroactive Changes to Withdrawal Liability Interest Rate Assumptions
The Second Circuit Court of Appeals recently issued a withdrawal liability decision of which both multiemployer pension plans and their contributing employers should be aware. Specifically, in National Retirement Fund v. Metz Culinary Management, Inc., No. 17-1211, 2020 WL 20524 (Jan.
PBGC Adopts AAA's Amended Withdrawal Liability Arbitration Rules
Registration (please scroll down to set your data preferences) Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaqs use of your personal data can be found in our Privacy and Cookies Notice): To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
PBGC Adopts AAA’s Amended Withdrawal Liability Arbitration Rules | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
PBGC Adopts AAA’s Amended Withdrawal Liability Arbitration
You are responsible for reading, understanding and agreeing to the National Law Review's (NLR’s) and the National Law Forum LLC's Terms of Use and Privacy Policy before using the National Law Review website. The National Law Review is a free to use, no-log in database of legal and business articles. The content and links on www.NatLawReview.com are intended for general information purposes only.
PBGC Adopts AAA’s Amended Withdrawal Liability Arbitration Rules
Beginning January 1, 2020, the American Arbitration Association (AAA) will: (i) reduce filing fees charged to parties initiating arbitrations of withdrawal liability disputes; (ii) change how costs of arbitrations are allocated among the parties to the disputes; and (iii) amend the process for resolving arbitrator selection disputes.
ERISA Newsletter - Third Quarter 2019 | JD Supra
Editor's Overview In this edition of our Newsletter, we take a look at a pair of cases that, while unrelated, together remind us of the importance of having clear plan rules in place that reflect the plan sponsor’s intention.
PBGC Proposes Simplified Methods for Withdrawal Liability Calculations | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Seventh Circuit Rejects "Big Buyer" Defense to Successor Liability | Lexology
For a multiemployer pension fund to hold an asset purchaser liable for withdrawal liability as a successor-in-interest, the fund must establish that the purchaser was (i) on notice of the seller's withdrawal liability, and (ii) the purchaser "substantially continued" the seller's operations. In Ind. Elec. Workers Pension Benefit Fund v. ManWeb Servs., No. 16-cv-2840, 2018 WL 1250471 (7th Cir. Mar.
[Podcast]: Severance Pay Plans & ERISA
Anthony S. Cacace is an Associate in the Labor and Employment Department and a member of the Employee Benefits, Executive Compensation & ERISA Litigation Practice Center. Anthony focuses on ERISA litigation and counsels plans and plan sponsors on a full spectrum of employee benefit issues.
Episode 9: Severance Pay Plans & ERISA [PODCAST]
Anthony S. Cacace is an Associate in the Labor and Employment Department and a member of the Employee Benefits, Executive Compensation & ERISA Litigation Practice Center. Anthony focuses on ERISA litigation and counsels plans and plan sponsors on a full spectrum of employee benefit issues.
Sun Capital Redux: Private Equity Fund Seeks Declaratory Judgment on Controlled Group Liability for Portfolio Company's Pension Liabilities
In light of the recent decisions by the U.S. Court of Appeals for the First Circuit and the U.S. District Court for the District of Massachusetts in Sun Capital, private investment funds, multiemployer pension funds and the Pension Benefit Guaranty Corporation (the PBGC) have begun to scrutinize further the circumstances under which private investment funds may be held jointly and severally liable for the pension liabilities of their portfolio companies.
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