R. Randall Tracht

Randy represents clients before the US Internal Revenue Service (IRS), the US Department of Labor, and the Pension Benefit Guaranty Corporation (PBGC) in a range of proceedings, including remedial correction programs, agency-initiated audits, and transactions and restructuring matters. He counsels clients and plan committees on plan governance and fiduciary risk management issues on matters of plan administration and the investment of plan assets. Randy frequently works with clients on the employee benefits issues arising in the context of workforce changes, including reductions in force, early retirement programs, and other restructurings. He advises pension plan sponsors on “de-risking” initiatives including lump sum windows, annuity purchases, and plan terminations. Randy speaks and publishes frequently on employee benefits issues and has authored numerous LawFlashes, White Papers, and other publications, and has presented at regional and national employee benefits conferences on various issues.

• Represented client on retiree medical matters and a member of the appellate trial team responsible for the landmark decision M&G Polymers USA, LLC, et al. v. Tackett et al. that reversed decades of unfavorable precedent in the US Court of Appeals for the Sixth Circuit relating to collectively bargained retiree medical benefits
• Provided ongoing counsel to fiduciary committee of multi-billion dollar retirement plan on governance and fiduciary risk management matters
• Counseled numerous clients on issues associated with “pension-de-risking” transactions involving annuity purchases, plan terminations, and lump sum windows
• Represented a public company client on the employee benefits and executive compensation issues stemming from a multi-billion dollar “go-private” transaction
• Represented client on the employee benefits issues associated with more than 30 “roll-up” transactions, including the evaluation and diligence of acquired plans and post-transaction integration steps
• Counseled public company client on the issues and risks associated with company stock in the client’s 401(k) plan, including “stock-drop” litigation concerns associated with changes in the company stock fund
• Represented client in IRS’s internal controls audit of the client’s multi-billion dollar defined benefit plan
• Assisted large public company client with the design and rollout of a voluntary retirement program for thousands of the company’s employees
• Negotiated with PBGC regarding a company’s divestiture of a business unit and related spinoff of the company’s pension plan to the newly formed company