Michael K. Kam practices in the areas of employee benefits, executive compensation, fiduciary duties, prohibited transactions and pension investments. Mr. Kam is particularly active in counseling fund sponsors of and investors in private investment funds, as well as advising on ERISA aspects of other private market investment activities. He also works regularly on employee compensation and benefits issues arising in a variety of transactions (including mergers & acquisitions, capital market transactions, financings and business restructurings).
Mr. Kam has extensive experience with the issues relating to private investment funds, including the Department of Labor “plan assets” regulation, and has advised both fund sponsors and benefit plan investors in funds that are treated as holding plan assets and those funds that are treated as not holding plan assets. He regularly participates in structuring funds or specific investments so as to comply with the plan assets regulation.
Mr. Kam regularly counsels one of the nation’s largest private pension funds on the ERISA aspects of its operations and investment activities, including fiduciary duties and private market investments. In the course of such representation, he has developed a keen sense of an employee benefit plan’s perspective when undertaking private market investments.
In addition, Mr. Kam is knowledgeable about compensation and other employee benefits, particularly in the context of mergers & acquisitions, financings and business restructurings. He is especially knowledgeable about designing employee retention programs at financially distressed employers.
Mr. Kam occasionally lectures on fiduciary responsibilities on behalf of the Practicing Law Institute and devotes time to related public service matters, such as economically targeted investments. He assisted in the preparation of “Our Money’s Worth” (1990), The Report of the Governor’s Task Force on Pension Fund Investment, June 1989.
Mr. Kam is a member of the New York State Bar Association.