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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Wednesday, March 16, 2022

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE webinar will provide ERISA counsel and plan sponsors guidance on ERISA fiduciary standards and challenges for retirement plans. The panel will discuss the complex compliance requirements, as well as identify fiduciaries for plan decisions and transactions, potential liability stemming from plan operation issues, prohibited transactions, and conflicts of interests. The panel will also discuss recent cases, litigation risks, and remedies for fiduciary breaches.

Faculty

Andrew L. Oringer
Partner
The Wagner Law Group, LLP

Mr. Oringer is co-chair of his firm's ERISA and Executive Compensation group, and leads the firm’s national fiduciary practice in New York. He counsels clients on their employee benefit plans and programs, benefits-related tax matters and fiduciary issues arising in connection with the investment of employee benefit plan assets. His practice includes advising clients regarding ERISA and employee benefits generally, including 401(k) and other retirement plans as well as medical and other welfare plans. His advice to clients encompasses all aspects of corporate transactions and initial public offerings in which benefits and compensation issues play a central part.

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David N. Levine
Principal
Groom Law Group Chtd - Washington

Mr. Levine advises plan sponsors, advisors, and other service providers on a wide range of employee benefits matters, from retirement and executive compensation to health and welfare plan matters. He advises on the design and redesign of complex retirement, executive, and health and welfare plans; ongoing, day-to-day counseling of plan sponsors; in-depth compliance reviews of corporate and governmental benefit programs; products and compliance for retirement and health service providers, and representation of tax-exempt organizations with respect to issues involving corporate governance, executive compensation, and unrelated business income tax liability.

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Eliot T. Burriss
Miscellaneous

Description

ERISA sets minimum standards and requirements for retirement and welfare benefit plans. Recent case law, along with legislation over the years, solidifies the expansion of the protections available to benefit plan participants and beneficiaries. ERISA counsel and fiduciaries must have a firm grasp of these standards, requirements, and mechanisms for overcoming compliance challenges.

The risk and rules for fiduciaries can significantly impact plan sponsors, administrators, providers, investment advisers, etc., creating a level of uncertainty in ensuring fiduciary compliance. Fiduciaries who fail to comply with ERISA may be personally liable, resulting in restoring any losses to the plan or any profits made through improper use of the plan assets due to their actions. In addition, fiduciary liability for a breach may also include penalties assessed by the Department of Labor.

ERISA counsel and advisers must understand the rules applicable to fiduciaries, the challenges stemming from recent cases, DOL rules, and methods to maintain compliance for asset managers, plan sponsors, and providers.

Listen as our panel discusses ERISA fiduciary standards and requirements, determining who are considered fiduciaries for plan decisions and transactions, potential liability stemming from plan operation issues, prohibited transactions, and conflicts of interests. The panel will also discuss recent cases, litigation risks, and remedies for fiduciary breaches.

Outline

  1. Fiduciary rules and critical issues
  2. ERISA five-factor fiduciary test and exemptions
  3. Prohibited transaction and conflicts of interest considerations
  4. Recent cases, litigation risks, and remedies
  5. Best practices for plan sponsors and advisers to comply with federal and state rules

Benefits

The panel will review these and other key issues:

  • Fiduciary and compliance standards and rules under ERISA
  • ERISA fiduciary test and exemptions
  • Liability stemming from plan operations, investments, administration, and competing interests
  • Considerations for asset managers, plan sponsors, and providers
  • Overcoming administrative challenges
  • Recent cases, litigation risks, and remedies