Skip to Main Content
Our Commitment to Diversity


Michael A. Hart

Regularly updates administrative and investment fiduciaries of a variety of tax-qualified retirement plans on ERISA 401(k) plan investment and fee class action litigation. Regularly reviews and negotiates service agreements with third party administrators for tax-qualified retirement plans and assists plan fiduciaries with the selection and monitoring of such providers
Represented sponsor of $500M defined benefit pension plan in connection with Department of Labor investigation into fiduciary procedures for locating missing participants
Advised employer with respect to the multibillion dollar restructuring and reorganization of its salaried and collectively bargained pension plans (including several dozen different benefit structures) in preparation for its multistage corporate divestiture strategy Advised employer with respect to spinoff of more than $1B of defined benefit pension liabilities in connection with corporate divestiture of non-core business Regularly provides advice to sellers and purchasers in corporate acquisition with respect to the impact of the acquisition on multiemployer pension withdrawal liability and estimates of such liability. Regularly updates administrative and investment fiduciaries of a variety of tax-qualified retirement plans on ERISA 401(k) plan investment and fee class action litigation.
Served as ESOP counsel to purchaser in the sale of a $270M manufacturing company in which an ESOP was a substantial minority owner.
Advised investment management firm with respect to Internal Revenue Code Section 409A and ERISA “top hat” exemption failures in connection with a nonquailfied deferred compensation bonus arrangement.
Advised several states regarding the use of individual retirement accounts (IRAs) in state-mandated automatic IRA enrollment statutes
Advised IRA trustee with respect to design and rollout of its proprietary estate planning IRA product, including the drafting of the trust agreement and disclosure statement and related promotional and internal training materials.
Advised IRA custodian regarding structuring of IRA products with respect nontraditional investments in hard-to-value assets, including advice regarding valuation and unrelated business income tax issues in connection with such investments.
Served as ESOP counsel to the seller of a manufacturing and service company that was wholly owned by an ESOP.
Advised IRA custodian in connection with transfer of IRA custodial duties for several thousand accounts to successor in connection with corporate divestiture
Regularly provides design and compliance advice to several Fortune 500 companies with respect to a variety of different types of tax-qualified defined contribution retirement plans and defined benefit pension plans with assets of more than $1B.
Advised maritime company regarding potential exposure for multiemployer pension plan withdrawal liability of an affiliate, including determination of estimated withdrawal liability and determination of controlled group.
Advised consumer product manufacturer with respect to the defense of a multiemployer pension plan’s claim for unpaid employer contributions
Return to top of page

Email Disclaimer

We welcome your email, but please understand that if you are not already a client of K&L Gates LLP, we cannot represent you until we confirm that doing so would not create a conflict of interest and is otherwise consistent with the policies of our firm. Accordingly, please do not include any confidential information until we verify that the firm is in a position to represent you and our engagement is confirmed in a letter. Prior to that time, there is no assurance that information you send us will be maintained as confidential. Thank you for your consideration.

Accept Cancel