Employee Benefits & Executive Compensation Blog

The View from Proskauer on Developments in the World of Employee Benefits, Executive Compensation & ERISA Litigation

Neal Schelberg

Neal Schelberg


Neal Schelberg, a partner in the Labor & Employment Law Department and a member of the Employee Benefits & Executive Compensation Group, is recognized nationally as a leading employee benefits lawyer. Neal was appointed by the U.S. Secretary of Labor to the Advisory Council on Employee Welfare and Pension Benefit Plans (the "ERISA Advisory Council"), where he served as Chair in 2014 and Vice Chair in 2013.

Neal is a prolific author and a highly regarded speaker on employee benefits law topics. He is a co-author of the ERISA Fiduciary Answer Book, a comprehensive text on employee benefits law, and "Same-Sex Marriage – The Evolving Landscape for Employee Benefits," a seminal law review article on the legal issues under ERISA of same-sex marriage. He has contributed chapters to leading texts on employee benefits, including "Arbitration of Benefit Disputes" (published in Fiduciaries and Their Professional Advisors) and "Legal Considerations of Real Estate Investment for Employee Benefit Plans" (published in Trustees Handbook: A Basic Text on Labor Management Employee Benefit Plans). Neal is a frequent lecturer for many organizations such as the International Foundation of Employee Benefit Plans, the Law Education Institute and the Practising Law Institute. He has also been quoted in numerous journals and periodicals.

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Exhaustion of Plan Administrative Remedies: Important Considerations Following Hitchcock v. Cumberland

Recently, the Sixth Circuit ruled in Hitchcock v. Cumberland University 403(b) Plan that pension plan participants are not required to exhaust their plan’s administrative remedies before pursuing claims alleging statutory violations of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”).[i] In so deciding, the Sixth Circuit joined the majority of circuit courts … Continue Reading

Unpaid Employer Contributions as Plan Assets: Expansion Of Liability Under ERISA

The Employee Retirement Income Security Act of 1974, as amended (“ERISA”), requires trustees of multiemployer pension and benefit funds to collect contributions required to be made by contributing employers under their collective bargaining agreements (“CBAs”) with the labor union sponsoring the plans. This is not always an easy task—often, an employer is an incorporated entity … Continue Reading

District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds

In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, 2012 WL 5197117 (D. Mass. Oct. 18, 2012), a federal district court in Massachusetts concluded that a private equity fund was not a “trade or business” subject to the imposition of withdrawal liability and thus was not responsible for paying … Continue Reading