“[E]xpert in all matters related to US retirement plans and their interaction with the capital markets.”—Chambers USA

Cadwalader’s ERISA attorneys counsel clients on the fiduciary standards under ERISA, prohibited transaction rules, compliance with ERISA regulations and the tax aspects of employee benefit plan investments in the context of plan investment activities on both the buy- and sell-sides, extraordinary corporate events and day-to-day corporate operations. Our clients include banks, broker-dealers, asset managers, investors, private investment funds, issuers, employers and individuals.

Our ERISA team works closely with our industry-leading Financial Regulation, Derivatives & Structured Products, Securitization & Asset Based Finance and Investment Management teams on the structuring of new and innovative investment products, services, businesses and investment vehicles, both traditional and alternative in nature. We provide creative solutions that achieve the results desired by clients, while helping to ensure that the products and services made available to the employee benefit plan market comply with applicable legal requirements. We also routinely advise financial services firms in connection with the provision of services, such as investment management, brokerage and custody services, to employee benefit plans and entities deemed to hold the assets of such plans.

Our ERISA team also works closely with our highly-regarded Corporate, Financial Restructuring, Investment Management, Real Estate and Tax teams to provide counsel with respect to ERISA issues. We are experienced advisors and negotiators on the intersection of ERISA and mergers and acquisitions, divestitures, spinoffs, public and private securities offerings, tender offers, exchange offers, restructurings, leveraged buyouts, joint ventures, lending transactions, private equity investments and fund structuring. We also regularly advise clients on plan reporting, disclosure and ERISA compliance, as well as on plan terminations and withdrawals.

Our ERISA attorneys have significant experience representing clients in seeking relief and guidance from the Department of Labor, having achieved landmark ERISA exemptions and interpretations.

We work hard to stay at the cutting edge of this practice and keep all of our clients advised of the implications of new ERISA-related laws, regulations and interpretations affecting their businesses.

Experience

• Primary counsel to BlackRock in dealing with ERISA fiduciary and prohibited transaction issues leading up to and following the acquisition by BlackRock of Barclays Global Investors, which transaction created the world's largest publicly traded money manager (BlackRock currently manages close to $3.3 trillion).
• Various large U.S. (e.g., Bank of America) and non-US based (e.g., Deutsche Bank) financial institutions regarding the application of ERISA and assistance in preparation and negotiation of trading documentation (e.g., ISDAs, Master Repurchase Agreements and Master Securities Lending Agreements).
• Advised LyondellBasell on a wide range of compensation and employee benefits issues in connection with their chapter 11 case.
• A large non-U.S. based financial institution in connection with addressing legal issues (including ERISA and relevant securities laws) associated with custody and providing administrative services to hedge fund of funds managed by US-based asset managers.
• A large U.S. financial institution in connection with a potential joint application to the U.S. Department of Labor with a large asset manager in which the large financial institution indirectly held a material equity investment, for a prohibited transaction exemption permitting the asset manager to cause client plans to engage in certain transactions involving affiliates of the large financial institution.
• BlackRock, Inc. in connection with a prohibited transaction exemption request from the DOL relating to certain stable value fund wrap agreements.
• Multiple asset managers in connection with the implications of the recently revised rules regarding disclosure of service provider compensation.
• A private equity fund manager regarding ERISA, executive compensation and benefit plan-related matters in connection with a bid for a broker-dealer and insurance company.
• Multiple financial institutions in connection with transactions with or involving governmental plans.
• Two fund managers regarding hedge fund trading activities subject to ERISA.
• Multiple major financial services firms regarding potential impact of Dodd Frank legislation on business involving ERISA and governmental plans.
• Pfizer relating to executive compensation and employee benefits issues in connection with Pfizer's $68 billion acquisition of Wyeth.
• Xerium Technologies regarding benefit plan related advice in connection with its credit facility.
• CVC Partners Group on ERISA and benefit plan related issues in its bid for Barclays' iShares unit.
• The Special Committee of the Board of Directors of Landry's Restaurants, Inc., a national restaurant, hospitality and entertainment company that owns and operates Rainforest Cafe, Saltgrass Steak House, Landry's Seafood House, Charley's Crab, The Chart House, the Golden Nugget Hotel & Casino, and others, on executive compensation matters arising in connection with a buyout deal with Chairman and Chief Executive Tilman Fertitta.

We believe that our continued strength lies in ensuring that we attract, retain, and nurture the very best talent from all backgrounds, and we expect the future complexion of Cadwalader, Wickersham & Taft LLP will, with each passing year, more closely reflect the global community that we serve. 

Cadwalader has worked diligently to promote an inclusive work environment and, over the years, has developed many initiatives to fit our unique goals and challenges on issues of diversity and inclusion.  With the creation of the Cadwalader Center for Diversity & Inclusion (CCDI), a central resource for the firm’s diversity programs, initiatives and policies, we aim to improve upon our successes and follow through on our promise to weave diversity and inclusion principles into the fabric of our culture. 

The mission of the CCDI is to enhance gender, racial/ethnic, and LGBT diversity and inclusion within the firm to create an unrivalled environment that attracts, retains and promotes the best and brightest talent available to serve our clients. Governed by the Global Diversity Committee, chaired by Patrick T. Quinn, Managing Partner, the CCDI is a vehicle to support the work we currently perform, to reinforce our dedication to that work, to recognize outstanding effort and to communicate - to each other and to the clients we serve - our longstanding commitment to diversity and inclusion.

Recent Programs & Events

The Cadwalader Center for Diversity and Inclusion hosts programs and events throughout the year that are designed to increase cultural competence, celebrate history and heritage and educate attorneys on how to work effectively on diverse teams.

From Megan’s Law to Bernie Madoff: A Conversation with Judge Chin

- July 23, 2015

The Cadwalader Asian Pacific American Attorney Resource Group hosted a conversation with the Honorable Denny Chin, United States Circuit Judge for the Second Circuit.  During the interactive conversation, Judge Chin discussed his experiences as a federal judge and his path to the bench. Attendees had the opportunity to network and speak with Judge Chin during the cocktail reception that followed.

The Fight for Marriage Equality in the Supreme Court

- June 9, 2015

The Cadwalader LGBT Network and the Gay & Lesbian Advocates & Defenders (GLAD) hosted a Pride Month event, The Fight for Marriage Equality in the Supreme Court, featuring Mary Bonauto, GLAD’s Civil Rights Project Director and Janson Wu, GLAD’s Executive Director. During the presentation Mary discussed her experience arguing before the U.S. Supreme Court for marriage equality and Janson discussed the future of the LGBT rights movement.

Justice Denied: Wards Cove Packing Co. v. Atonio

- May 12, 2015

Members of the Asian American Bar Association of New York, including Cadwalader attorneys and the Honorable Denny Chin of the U.S. Court of Appeals for the Second Circuit presented a case reenactment of Wards Cove Packing Co. v. Atonio, a landmark employment discrimination case. The presentation told the story of the Wards Cove workers through narration, reenactment of court proceedings, and historic photographs. To view the performance, click here.

The Partner Track

- May 5, 2015

The Cadwalader Asian Pacific American Attorney Resource Group and the Women’s Leadership Initiative co-hosted a panel discussion with Cadwalader Partners, Ingrid Bagby, Kathy Chin and Athena Eastwood, focusing on their career experiences and paths to partnership. The panel was moderated by Helen Wan, author of The Partner Track, a fictional story about a young Asian-American corporate associate up for partner at her New York law firm.

“From Selma to Ferguson to Today: Why Civil Rights Matter,” featuring Professor Charles Ogletree, Harvard Law School

- April 29, 2015

The Cadwalader Black and Latino Association hosted a conversation with Charles Ogletree, Harvard Law School Jesse Climenko Professor of Law, and Founding and Executive Director of the Charles Hamilton Houston Institute for Race and Justice.  The conversation was followed by a cocktail reception where attorneys had the opportunity to network  and speak with Professor Ogletree.

The Art of Building Business Relationships and Executive Presence

- March 25, 2015

The Women’s Leadership Initiative and Diane Darling, Founder of the Darling Institute, hosted a workshop on building business relationships and executive presence.  This interactive presentation explored how professionals at all stages of their career can integrate networking and relationship-building into their everyday lives. 

WLI London Client Event: “Walking the Nile” by Levison Wood

– March 12, 2015

The Women’s Leadership Initiative hosted a special evening at our London office with Levison Wood, explorer, writer, and photographer. Formerly an officer in the British Parachute Regiment, Wood has led pioneering journeys into undiscovered regions, travelling to more than 80 countries. His nine-month walk along the length of the Nile, from source to sea, is chronicled in a recent Channel 4 documentary. During the presentation Wood described the amazing people, breathtaking places and shocking sights he encountered on his ground-breaking expedition.