ERISA’s Fiduciary Rule: What’s New and What’s Next
After several amendments and applicability delays, the Employee Retirement Income Security Act's (ERISA) fiduciary rule is finally set to be effective on January 1, 2018. However, with the prevailing transition period (June 9, 2017 - January 1, 2018), in addition to the mixed reactions it has been receiving, it is still difficult to predict ERISA’s future and to navigate upcoming developments on the said rule.
Considering these, it is imperative for all ERISA-affected entities to be abreast of the latest updates and possible revisions on the final rule. As early as now, affected firms must start devising a comprehensive plan to closely monitor any updates.
Join a panel of key thought leaders and professionals assembled by The Knowledge Group as they bring the audience to a road beyond the basics of ERISA's fiduciary rule and as they delve into an in-depth analysis of the current trends and emerging developments. Speakers will also give significant insights on how to monitor the updates and promptly comply with the requirements.
This LIVE Webcast will discuss the following key topics:
- ERISA - Legal Framework
- Overview of the ERISA's Fiduciary Rule
- Important Dates and Amendments
- Timeline of Applicability
- Potential Changes and Revisions
- How to monitor important updates
- -BIC Exemption
Freed Maxick CPAs
- Who is a fiduciary?
- The Background of the ERISA Fiduciary Rules
- What is the new Fiduciary Rule and how does it impact individuals and Plan Sponsors?
- Currently Applicable Requirements.
- Impartial Conduct Standards
- No Material Misrepresentation
- Comparison to FINRA Suitability Rule and RIA Rules
- Delayed Implementation of Other Aspects of BIC Exemption
- DOL Delayed Enforcement Policy
- FINRA Statements/ Guidance
- SEC Statements /Guidance
- Private Litigation Issues
- Pre-dispute Arbitration Agreements
- Class Action Issues
- Potential Claims
Hawkins Parnell Thackston & Young LLP
- How can Plan Sponsors Ensure their Advisors are Addressing the Uncertain Landscape for the Fiduciary Rule?
- What Participant Communications make sense to consider During the DOL Delayed Enforcement Policy?
- Should a DOL Mock Investigation be Conducted to Measure Compliance Risks?
- What is the Role of Fiduciary Liability Insurance Coverage for Plan Sponsors and Service Providers?
Who Should Attend:
- Benefits Managers
- Compensation Committee members
- Employee Benefits & Compensation Consultants
- Employee Benefits Attorneys
- Employment Law Attorneys
- HR Personnel
- HR Executives
- Other Interested/Related Professionals
Holly M. Hejmowski, CPA is a Senior Manager with over eleven years of professional accounting experience working at Freed Maxick CPAs, P.C., which is a top 100 accounting firm in the United States. Holly specializes in employee benefit plan audits including defined contribution, defined benefit, 403(b), and Taft-Hartley multi-employer plans for both private and public companies. She is responsible for the overall planning, organization, supervision, and completion of numerous employee benefit plan audits and has provided litigation support to employee benefit plans and has assisted clients undergoing Department of Labor and Internal Revenue Service audits.
In addition, Holly consults with employee benefit plans regarding their internal control environment, compliance issues, and industry best practices. She has assisted many clients in self-correcting operational errors and compliance problems in accordance with approved guidelines, before they are discovered by the Internal Revenue Service or Department of Labor. Holly frequently attends the annual American Institute of Certified Public Accountants Employee Benefit Conference and is in charge of training staff and clients in new employee benefit plan regulations and developments.
Holly M. Hejmowski, CPA is a Senior Manager with over eleven years of professional accounting experience working at Freed Maxick …
Janene Marasciullo is a partner in the New York office of national law firm Wilson Elser and chair of its Securities Industry practice. She is a trial attorney with extensive first-chair experience litigating complex commercial, fraud, regulatory and employment disputes, with a particular emphasis on disputes arising within the financial industry. In addition, she represents corporations and individuals during regulatory investigations and grand jury investigations, conducts internal investigations and assists corporations in making voluntary disclosures to federal regulatory agencies. Janene has handled dozens of cases from inception through appeal and has tried cases in federal and state court and at FINRA Dispute Resolution. She has handled appeals in both federal and state courts as well. Prior to entering private practice, Janene served as a trial attorney in the Civil Division and the Tax Division of the U.S. Department of Justice, where she represented the United States complex contract, customs, tax, regulatory and civil fraud matters. She also worked in the Enforcement Department and the Office of General Counsel at NASD, the predecessor to FINRA, where she investigated violations of the federal securities laws and helped formulate NASD policies and practices.
Janene Marasciullo is a partner in the New York office of national law firm Wilson Elser and chair of its …
Rachel J. Markun is a Partner in the Napa and San Francisco offices of Hawkins Parnell Thackston & Young LLP. Ms. Markun advises clients regarding the corporate, tax and fiduciary issues relating to ESOPs and employee benefit plans. She has represented plan fiduciaries, employers and financial institutions in connection with legislative and regulatory initiatives relating to the Internal Revenue Code, ERISA, the federal securities laws, and the California tax laws. She has extensive tax expertise relating to tax-exempt entities including matters involving unrelated business tax issues and all aspects of retirement plan qualification issues. She represents retirement plan corporate sponsors in a variety of matters, including Internal Revenue Service audits and U.S. Department of Labor investigations. Ms. Markun has an active practice in addressing ERISA issues in litigation matters and in addressing regulatory matters involving ESOPs. She has extensive experience in substantive ERISA issues and in preparing defense strategies for ERISA cases, including privilege issues, co-fiduciary liability issue and damages issues. She counsels many ESOP companies and fiduciaries on a range of compliance, best practices and risk management issues. Ms. Markun is a frequent lecturer and author on corporate
Rachel J. Markun is a Partner in the Napa and San Francisco offices of Hawkins Parnell Thackston & Young LLP. …
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Method of Presentation:
On-demand Webcast; Group-Internet Based
Experience in employee benefits law
NY Category of CLE Credit:
Areas of Professional Practice
NASBA Field of Study:
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About Freed Maxick CPAs
Freed Maxick advises public and private companies in Western and Central New York on ways to enhance profitability, save taxes, improve accountability and preserve wealth. With over 300 professional and administrative personnel, Freed Maxick operates with five major practices: Accounting and Auditing, Tax, Consulting, Employee Benefits and Asset-Based Lending (ABL). We specialize in helping our clients discover and achieve their bottom-line potential and we provide sound business advice based upon our vast experience in a broad array of industry groups, including healthcare, manufacturing and distribution, government, real estate and not-for-profit.
Though we maintain relationships with external resources nationwide, we continue to maintain our independence and the ability to make decisions locally. We are the “alternative to the Big 4.” We’re different because we have the bench strength to provide a wide array of services with highly skilled professionals, but we are not burdened with the cost structure or bureaucracy of the national firms. These factors translate into world-class service at rates that are commensurate with the market you do business in.
About Wilson Elser
Over its 40-year history, Wilson Elser has helped individuals and organizations transcend challenges and realize goals by offering an optimal balance of legal excellence and bottom-line value. Nearly 800 attorneys strong, we provide clients with full-service, first-class legal services, spanning the spectrum of litigation and related areas. We apply the discipline and diligence of effective litigation to virtually all areas of the law, drawing on a comprehensive roster of legal services to create multidisciplinary teams that give each client matter the best of the firm’s collective intelligence and capabilities. We maintain 34 strategically located offices in the United States and another in London. This depth and scale has made us one of the nation’s most influential law firms, ranked in the Am Law 200 and in the top 50 of the National Law Journal 500.
About Hawkins Parnell Thackston & Young LLP
Over the last half century, Hawkins Parnell Thackston & Young LLP has grown to include more than 160 lawyers in 10 offices located in Atlanta, Austin, Charleston, Chicago, Dallas, Los Angeles, Napa, New York, St. Louis, and San Francisco. The team represents many of America’s largest corporations, small local businesses, and individuals in complex litigation and transactions. As national leaders in their fields of expertise, their ESOP, Employee Benefits, M&A, Tax & ERISA group brings extraordinary depth in perspective when advising clients in connection with retirement plans, equity incentives, executive compensation, shareholder issues, fiduciaries, mergers and acquisitions, and employment and benefits litigation throughout the country.