R. Randall “Randy” Tracht advises clients on a broad range of employee benefits and executive compensation issues involving clients’ tax-qualified pension and 401(k) plans, health and retiree medical plans, non-qualified deferred compensation plans, equity incentive plans and other executive compensation arrangements, employment agreements, and fringe benefit plans. Randy represents and counsels a wide range of corporate and tax-exempt clients across the United States, including clients in the higher education, healthcare, retail, and energy sectors. His work includes counseling clients on fiduciary issues under the Employee Retirement Income Security Act (ERISA), tax-qualification requirements and other issues under the Internal Revenue Code, the employee benefits aspects of corporate transactions, and other matters.
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
Miami University, 1991, B.A.
Ohio State University, Michael E. Moritz College of Law, 1994, J.D.
Awards and Affiliations
Ranked, The Best Lawyers in America (2007–2018)
Ranked, The Legal 500 US (2016)
Ranked, Pennsylvania Super Lawyers: Rising Star (2006–2007)
Member, American Bar Association, Employee Benefits Subsection