Kilpatrick Townsend

Pension Asset Management Multifaceted Solutions

An integrated approach is essential to navigating the complex framework of laws and minimizing the financial liabilities associated with pension and 401(k) plans. Our pension investment asset management practice supports plan sponsors with all aspects of their investments. We are a multidisciplinary team that uniquely combines experience with ERISA, investment management, securities, and tax expertise to comprehensively address the multitude of issues arising in relation to the Investment Advisers Act and the Investment Company Act. We strive to enhance our pension clients’ investment programs, going well beyond traditional ERISA representation. 

Reach

Market Insight

Our ongoing experience in negotiating with investment consultants and advisers, as well as fund managers gives us a clear understanding of the appropriate levels of protection and the specialized rights available to our clients in the current market. This understanding provides us credibility that not only unlocks advantages for our clients, but also speeds the process of arriving at a final agreement.

Approach

Institutional Knowledge

While our practice focuses on ERISA pensions, we also have substantial experience representing non-ERISA governmental plan investors — many of which face issues similar to ERISA plans under state law — such as state pension plans in connection with their investment management activities. Our familiarity with state and municipal issues unique to governmental plans gives us insight into their impact on our clients’ investment activities.

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Experience

Assisted a large financial institution with all aspects of a transaction to enhance the anticipated long-term return of its pension plan by a private placement acquisition of company stock and in particular the critical securities and ERISA components.

Represented a national beverage manufacturer and worked seamlessly with in-house counsel to support their development of new model investment management documents. Our forms and support made it possible for them to achieve cutting-edge investment documentation, while minimizing cost and maximizing the development of internal expertise.

Represents the wholly-owned subsidiary of a major Fortune 100 company that acts as the in-house asset manager in connection with the pension trust’s multibillion dollar investments in alternative investments, including direct and fund of fund hedge funds, private equity, and total return swaps and other sophisticated investments.

Advised in-house counsel and its investment team of an agricultural company regarding the alternative investments and separate investment management accounts of its large pension plan, including issues related to securities lending.

Advised a number of public companies in connection with a range of issues related to the operation of the employer stock funds in their 401(k) plans, including restrictions on additional stock investments, fiduciary monitoring of the stock fund, and potential dissolution of the stock fund.

Meet The Team