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Second Circuit Review: Unpaid Employer Contributions Not Plan Assets Under ERISA
June 25, 2009 Full PDF
Litigation partners Marty Flumenbaum and Brad Karp's "Second Circuit Review" column appeared in the June 24 issue of the New York Law Journal. The article discusses In re Halpin, in which the U.S. Court of Appeals for the Second Circuit held for the first time that an employer's unpaid contributions to an employee benefit plan do not qualify as "assets" of the plan under ERISA, resolving an unsettled question of law, situated at the intersection of ERISA and bankruptcy law. Litigation associate Sepehr Shahshahani assisted in the preparation of this column.