ERISA Enforcement and Compliance: A 2014 Perspective
Overview:Our panel of key thought leaders and practitioners will discuss the Supreme Court’s Dudenhoeffer decision and its potential impact on key enforcement issues, as well as fundamentals and updates regarding the latest and significant issues surrounding ERISA Enforcement and Compliance for health and welfare and 401(k) and other defined contribution plans. This LIVE webcast will alert you to current issues, provide guidance on how to avoid common pitfalls and risks, key challenges and compliance to help keep your plan from being the target of a DOL investigation or enforcement action. In a two-hour live webcast, the speakers will discuss:
- ERISA 2014: An overview
- The Supreme Court’s Dudenhoeffer decision and Emerging trends in ERISA enforcement
- ERISA enforcement updates, including DOL’s focus on ESOP transactions
- Regulatory issues and key challenges
- Compliance and best practices
- Latest updates and a lot more!
Robison, Curphey & O'Connell
Mark C. Abramson
- Overview of the process
- The audit process…what you need to do beforehand…the mechanics of it
- What DOL is looking for…do’s & don’ts…do you need an attorney?
Conner Strong & Buckelew
Phyllis M. Saraceni
Managing Director, Senior Vice President, Compliance & Audit Practice Leader
- ERISA – Five “Parts” of “Title 1” apply to H&W benefits
- Part 1: Reporting & Disclosure
- Part 4: Fiduciary responsibility
- Part 5: Administration & Enforcement
- Part 6: COBRA and additional standards for group health plans
- Part 7: HIPAA, NMHPA, MHPA, WHCRA
- Potential H&W audits from a number of entities:
- DOL targeting ERISA, HIPAA portability, and reforms required by PPACA
- HHS targeting HIPAA Privacy, Security, and Breach Notification Rules
- IRS targeting various failures of healthcare coverage requirements and COBRA failures
- Greatest concern to most H&W plan sponsors is DOL audit (civil and criminal investigations)
- DOL auditing under PPACA
- Sample audit “inquiry” letters and accompanying lists of requested items
- Penalty Assessments – DOL penalties and IRS self-reporting excise taxes for ACA, HIPAA, COBRA failures
- Preventive measures to minimize risk and be “audit ready”
- DOL Self-Compliance Tools
- Document retention and procedures to support compliance
Hellmuth & Johnson PLLC
Denise Y. Tataryn
- Equitable Relief - post-Amara and post-McCutchen
- Benefit Claim Process
- Fiduciary Exception to the Attorney/Client Privilege
- Standard of Review
- Obligations under the regs
O'Melveny & Myers LLP
Theresa S. Gee
- Dudenhoeffer and DOL enforcement
- Impact of the Supreme Court’s Dudenhoeffer decision on employer stock litigation, particularly the DOL’s enforcement initiative targeting ESOPs
- Fate of the Moench presumption and DOL’s interpretation of ERISA § 404(a)(2)
- What Dudenhoeffer may mean in terms of DOL’s focus on fiduciary prudent processes and due diligence for plan investments in employer tock
- DOL enforcement activity with respect to ESOPs
- Overview of DOL ESOP litigation
- ESOP valuation issues
- DOL’s “best practices” in ESOP valuation
- Viability of trustee indemnification agreements
Who Should Attend:
- Plan Sponsors, Fiduciaries and Participants
- Retirement Plan Practicing Lawyers
- Employee Benefits & Compensation Lawyers and Consultants
- Payroll and Benefits Administrators
- Human Resource & Benefits Personnel
- Retirement Plan Financial Professionals
- Retirement Plan Sponsors
- Financial Advisers
- Public Companies
- Private Companies
- Other Related/Interested Professionals
Mark is an active member of the Firm’s wealth preservation, business, and employment practices, he works with a broad range of clients to develop, implement and administer business strategies, employee benefit programs and human resources services. Mark has served as an Instructor of Law at the University of Toledo College of Law since 2005, teaching a course in Employee Benefits. This experience reflects his commitment to mastery of this technical area of the law.
Mark strives to practice in an effective and ethical manner. He is an Advisor Member of the Michigan Standing Committee on Character and Fitness, and has served on panels and acted as Bar Counsel in several hearings reviewing candidates eligibility for admission to the Bar. He brings this understanding and sensitivity to each client engagement, which is the hallmark of RCO.
Mark is an active member of the Firm’s wealth preservation, business, and employment practices, he works with a broad range …
Phyllis Saraceni is a Managing Director, Senior Vice President and Compliance & Audit Practice Leader for the Employee Benefits division of Conner Strong & Buckelew. She is responsible for supporting customers and the firm’s benefit consulting staff on a day to day basis, preparing legal and regulatory updates and communication, interpreting emerging laws and regulations related to benefits and managing the firm’s benefits audit function.
Saraceni brings more than 20 years of professional experience to the firm. Prior to joining Conner Strong & Buckelew, she was a Principal for Mercer Health and Benefits for nearly 12 years where she supported clients and internal staff in various functions related to health and welfare compliance and legal matters. Previous to Mercer, Saraceni held positions at various law firms specializing in ERISA and benefits law.
Phyllis Saraceni is a Managing Director, Senior Vice President and Compliance & Audit Practice Leader for the Employee Benefits division of …
Denise Yegge Tataryn practices in the employment law area and devotes a substantial portion of her practice to clients seeking long-term disability benefits and other employee benefits. Denise has been practicing employment law for over 25 years and gained a special expertise with ERISA while working with the Pension Benefit Guaranty Corporation. Since then her ERISA practice focuses on assisting claimants through every stage of the claim, including strategic planning before filing a claim, appealing and litigating denied claims, and assisting with ongoing claims and lump sum settlements. In addition to successfully representing hundreds of disabled clients, Denise practices a wide range of general employment law, representing clients in matters ranging from discrimination to employment contract, non-compete and wrongful termination disputes.
Denise Yegge Tataryn practices in the employment law area and devotes a substantial portion of her practice to clients seeking …
Theresa S. Gee is a counsel in the Washington, DC office of O’Melveny & Myers LLP. Her practice focuses on ERISA fiduciary advice and litigation. Ms. Gee formerly served with the US Department of Labor’s Office of the Solicitor, where she was Deputy Associate Solicitor in the division responsible for providing legal counsel and litigation for matters arising under ERISA. Prior to that, she was the ERISA Counsel for the Department’s Regional Office of the Solicitor in San Francisco, responsible for all ERISA matters in that region. Ms. Gee earned her undergraduate degree from the University of California, Berkeley, and her J.D. from the University of California, Hastings College of the Law.
Theresa S. Gee is a counsel in the Washington, DC office of O’Melveny & Myers LLP. Her practice focuses on …
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NASBA Field of Study:
Personnel/HR and Business Law
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Areas of Professional Practice
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About Robison, Curphey & O'Connell
Client-centered, collaborative and principled. These are the core values on which RCO Law was built, and which continue to drive the firm’s ongoing commitment to exceptional client service and value. Formed in 1874 in Toledo, the firm has practiced as Robison Curphey & O’Connell since 1964. Jim Robison, John Curphey, and Mickey O’Connell practiced law with an unyielding dedication to their clients, many of whom remain clients of the firm today. As part of the foundation of the Toledo legal community, the firm continues the tradition of our namesakes throughout northwest Ohio, southeast Michigan, and beyond.
Our collaborative approach ensures that optimal resources are directed to foster the best outcome for the client depending on the expertise and experience warranted. This philosophy is woven into the very fabric of the firm’s governance and compensation structure, to ensure the client’s needs, and only the client’s needs, remain paramount. Our team of professionals enables us to offer each client the level of expertise appropriate for the challenge. This means you will have access to a fully-qualified team of professionals ready to handle your needs, from matters routine and straightforward to those more complex and novel.
The principles that guided our founders remain embedded in the firm’s culture today. Our devotion to integrity, candor, and service to others has not only shaped how we are viewed by our adversaries and peers in courtrooms and conference rooms; it has also promoted and preserved a remarkable sense of camaraderie and mutual respect within and across the firm, resulting in a workplace of unparalleled stability and dedication. Furthermore we strive to give back to our communities, recognizing our responsibility to those less fortunate.
Guided by these values and traditions, we offer comprehensive solutions for all our clients’ legal needs and we look forward to the challenge of serving them into the future.
About Conner Strong & Buckelew
Conner Strong & Buckelew is a leading insurance, risk management and employee benefits brokerage and consulting firm. Through proprietary approaches, the firm offers customized programs designed to align with organizational goals and drive bottom-line growth.
Founded in 1959, with offices in New Jersey, Pennsylvania, Delaware, and Florida, Conner Strong & Buckelew ranks among the largest insurance brokerages in the country. Each year, the company places approximately $1 billion in premium volume and has a team of nearly 300 professionals, serving clients throughout the United States and abroad.
About Hellmuth & Johnson PLLC
Hellmuth & Johnson, PLLC is a Minnesota Top 25 law firm and a one-of-a-kind legal asset. By any measure – from client retention and cases won to the Martindale-Hubbell AV Peer Review rating – Hellmuth & Johnson provides the very highest quality legal representation to businesses, organizations and individuals in numerous jurisdictions, including Minnesota, Wisconsin, North Dakota, Iowa, Illinois, New York and California.
Focusing on transactional law, litigation and appeals, the attorneys at Hellmuth & Johnson represent clients in practices ranging from construction, finance, business, employment and real estate to estate planning and family law. In each of these areas Hellmuth & Johnson has earned a reputation for multidisciplinary excellence, unwavering ethical integrity and singular devotion to their clients. These qualities form the foundation of Hellmuth & Johnson, enabling them to fulfill their mission to protect and advance their clients’ interests across the spectrum of their legal needs.
About O’Melveny & Myers LLP
With approximately 800 lawyers in 16 offices worldwide, O’Melveny & Myers LLP helps industry leaders across a broad array of sectors manage the complex challenges of succeeding in the global economy. We are a values-driven law firm, guided by the principles of excellence, leadership, and citizenship. Our commitment to these values is reflected in our dedication to improving access to justice through pro bono work and championing initiatives that increase the diversity of the legal profession. For more information, please visit www.omm.com