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Pooled Employer Plans (“PEPs”): Putting a little PEP in a 401k retirement plan could help to protect your Portfolio Companies

Set against the backdrop of the continuing wave of ERISA litigation that is being brought against employers who sponsor retirement plans, Pooled Employer Plans (“PEPs”) are emerging in the US retirement plan marketplace as an alternative that may limit employers’ risk of retirement plan-related litigation. There have been over 220 ERISA class action suits filed in connection with retirement plans since 2018, and the top ten ERISA settlements for 2021 alone totaled $840 million in the aggregate. Since ERISA litigation is a serious and relevant concern, many plan sponsors, including private equity sponsors and their portfolio companies, would benefit from evaluating whether a PEP is a viable retirement plan solution for them.

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PErspectives: Private Equity Industry Insights


Time to Read: 1 minutes Practices: Private Equity, Asset Management Industries: Private Equity

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Private Equity newsletter 


Welcome to the inaugural edition of PErspectives – our quarterly publication featuring news, trends and legal developments in the private equity industry. We are thrilled to launch this new publication, which features contributions from a cross section of our preeminent global private equity team. We encourage you to send us feedback on the content or topics you would like to see covered in future issues.

In this Fall 2019 issue, we explore these and other probing questions:

  • Will private investment fund opportunities be expanded to retail investors?
  • Why the recent increase in partnerships with digital health companies?
  • Will the use of SPACs continue to grow in the Asia market?
  • What is happening to the “marketing period” in syndicated all-bank acquisition financings?
  • What trends are we seeing in the market relating to the use of rep & warranty insurance in lieu of seller indemnity?

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