Mr. Fay is a partner in Seward and Kissel’s ERISA, Employee Benefits and Executive Compensation group.

Mr. Fay routinely counsels clients regarding the investment of plan assets and related issues including ERISA fiduciary duties, prohibited transactions and the structuring of financial products for ERISA considerations. He advises on ERISA’s Plan Assets Regulation and provides assistance to clients with respect to the application of ERISA’s fiduciary duties and the prohibited transaction rules. He also represents both lenders and borrowers with respect to the ERISA provisions in financing documents. Mr. Fay regularly counsels financial services firms and plans regarding complex ERISA fiduciary matters including clients choosing to operate funds or manage accounts in compliance with ERISA.

Mr. Fay also advises tax-exempt, for-profit and governmental entities with respect to their qualified and nonqualified benefit plans, executive compensation and other employee benefit concerns. His practice focuses on ERISA and Internal Revenue Code compliance. He provides assistance regarding employee benefits and executive compensation matters relating to mergers, acquisitions and other related transactions.



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