Navigating 401(k) and 403(b) Plan Litigation Risks: Key Issues for Sponsors and Administrators

Mr. Kirchner is a principal in the Ropes & Gray benefits consulting group. He works with a wide range of clients and advises on all aspects of health, welfare and retirement plans. Mr. Kirchner works with his clients in assessing and implementing annual benefit plan renewals, communications and plan design changes. This work also includes conducting periodic reviews and/or RFPs for health, welfare and retirement plans. He also assists in transaction work including assisting clients with developing pre/post-transactional benefit plan strategies and implementing these strategies. Prior to joining Ropes & Gray, Mr. Kirchner was a senior account manager for a major life insurance company's employee benefits division in Boston, Providence, Rhode Island, and Dallas, Texas. He has worked with pension, welfare benefit and executive compensation plans. Mr. Kirchner has taught the Life & Health CEBS course at Brown University in Providence, Rhode Island, has been a guest lecturer at the Carroll School of Management, Boston College, and has periodically provided instruction for the New England Employee Benefits Council.

Mr. Lichtenstein is a partner in the tax & benefits department in the firm's New York office and focuses on ERISA and employee benefits. He advises asset managers and employee benefit plans regarding the investment of plan assets and a wide range of related issues, including how to operate as an ERISA fiduciary, the prohibited transaction rules and related exemptions, and on how to structure and maintain a fund so that it qualifies as a venture capital operating company (a VCOC) or Real Estate Operating Company (REOC) or satisfies the so called ERISA “25% test."

Ms. Remmer is a partner in the employee benefits department and focuses on ERISA matters. With more than 20 years of experience, she advises clients across the asset management and private equity industries on ERISA issues that arise whenever a transaction involves plans or plan assets. Ms. Remmer works with private funds, hedge funds and credit funds on complex issues associated with the investment of plan assets under Title I of ERISA. Her experience ranges from structuring and administering funds to avoid holding plan assets, to advising managers on how to operate funds with plan assets in accordance with ERISA. Ms. Remmer has long been a trusted adviser to plan sponsor clients on all aspects of their fiduciary responsibilities under ERISA, including plan governance, ERISA fiduciary best practices, and the ever-changing regulatory environment regarding ESG. In addition, she works with private equity and other clients to address significant ERISA liabilities in transactions, with an emphasis on finding creative solutions for complex issues that might affect the deal. She also works with many hospitals and universities on employee benefits matters that are unique to tax-exempt institutions, including issues relating to 403(b), 457(b) and 457(f) plans.

Mr. Ward has a wide range of experience in complex commercial disputes and securities litigation, including trials and appeals, investigations and international arbitration. His clients include public and private companies, investment advisers (including private equity sponsors, hedge funds and mutual funds) and individual officers and directors.