Richard A. Gilbert

Special Counsel

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Mr. Gilbert has practiced exclusively in the field of employee benefits law for more than 30 years. Richard advises employers, trustees, public pension funds, and financial institutions on the fiduciary responsibility provisions of ERISA and public pension law, as well as the design and implementation of numerous types of 401(k), retirement and executive benefit plans. He also has vast knowledge in the ERISA aspects of a wide variety of complex investment instruments.

Richard served as lead counsel in obtaining key ERISA exemptions permitting pension plan assets to be invested in credit card trust certificates for large, publicly-traded companies. He also acted as lead or co-lead counsel in the issuance of the ERISA class exemption that first permitted pension plan assets to be invested in mortgage-backed pass-through certificates (in 1981) and the expansions of the successor “underwriter’s exemptions” to broaden the market for subordinate asset-backed pass-through certificates to include ERISA-subject insurance company general accounts (in 1995) and pension plans generally (in 2000).

Richard has advised large private equity and public pension funds on the fiduciary aspects of their investments. He has also provided ERISA advice to sponsors of a wide variety of venture capital, real estate, leveraged buy-out, and other private equity investment funds. In addition, he served for more than a decade as primary outside counsel on fiduciary investment matters for major corporate-sponsored and public pension funds.


Telephone

(415) 788-3111

Facsimile

(415) 421-2017

E-Mail

Education

  • J.D., cum laude, 1974
    Madison Law School, University of Wisconsin
  • B.A., cum laude, 1968
    Yale University

Professional Career

  • 2010 - Present
    Special Counsel
    Trucker Huss
    San Francisco, California
  • 1980 - 2010
    Senior Counsel
    Orrick, Harrington & Sutcliffe
    San Francisco, California and New York, New York
  • 1977 - 1980
    Associate
    Paul, Weiss, Rifkind, Wharton & Garrison
    New York, New York
  • 1974 - 1977
    Associate
    Thompson Hine
    Cleveland, Ohio

Professional Licenses and Affiliations

  • Member, The State Bar of California
  • Member, New York State Bar
  • Member, American Bar Association AIDS Coordinating Committee (2004-2009)
  • Member, American Bar Association: Section of Taxation, Committee on Employee Benefits, Fiduciary Responsibility Subcommittee (Chair, 1991-1994)

Speaking Engagements

  • Practising Law Institute
  • ABA CLE Center
  • ABA-ALI Video Programs
  • Institute for Fiduciary Education
  • ABA Section of Business Law Program
  • ABA Section of Taxation Programs
  • California Association of Public Retirements Systems
  • Prentice-Hall Law & Business
  • Western Pension & Benefits Conference
  • Mountain States Pension Conference