Our clients in the financial sector face the challenge of designing investment products that are suitable for ERISA-covered plans. In conjunction with lawyers from our Investment Management, Fund Formation, Financial Institutions and Broker-Dealer groups, we guide our financial sector clients through the fiduciary and other rules that govern the management of pension and other benefit funds. Advice in this area requires careful attention to the statements of regulators, industry norms and developing case law. Our expertise covers not only ERISA, but the provisions of the tax laws that may affect the design of benefit plan products and services. Our representation of institutional clients also extends to transactional and litigation matters.


  • The acquisition of CitiStreet by ING
  • The design and implementation of an IRA-managed account program for a national brokerage house
  • The negotiation of over 100 swap and other derivative contracts on behalf of a large financial institution that services ERISA plans
  • Developing unified documents for IRAs and retirement plan products following the combination of financial institutions
  • The acquisition by Evercore Partners Inc. of the Special Fiduciary Services division of Bank of America, N.A.
  • The representation of WilmerHale’s Fund Formation and Investment Management practices in the qualification of venture capital and hedge funds as practical investments for ERISA assets
  • Investigation of potential fiduciary breaches by retirement plan consultants working in the public retirement plan market