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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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In Focus: 2021 and The Year Ahead for European Private Capital


Time to Read: 1 minutes Practices: Private Equity

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As we start the new year, we take a look back at some of our highlights from 2021, and offer our view for the year ahead.

Despite the ongoing uncertainty caused by the pandemic, 2021 was another very busy year for Ropes & Gray in London. As the pre-eminent international law firm for private capital, we helped our international client base complete deals in challenging conditions across the private capital markets. These included cross border buyouts, M&A, P2Ps, bolt-ons, new financings and refinancings, and minority investments with significant activity across the healthcare, life sciences and TMT sectors in particular.

You will be able to see some representative matters and also read our reflections on 2021 in more detail in the following guide, together with our expectations for 2022.

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