ERISA’s Fiduciary Trap: An Update on What Service Providers and Plan Sponsors Should Know
Our panel of key thought leaders and practitioners will explain fiduciary fundamentals and discuss updates on the latest developments and issues for plan sponsors and service providers, including the DOL’s recently re-proposed Conflict of Interest regulation, functional fiduciary concerns, post-Dudenhoeffer fall-out for employer stock issues, implications of “excessive” fee litigation against service providers and plan sponsors, and updates on remedies. This LIVE two-hour webcast will alert you to foundational and emerging issues, provide guidance on how to avoid common pitfalls and risks, and review key challenges and updates that plan sponsors and plan service providers should know.
Topics to be covered in this course include:
- Risks that Service Providers and Plan Sponsors face under ERISA
- Implications of the Re-Proposed Conflict of Interest Regulation for Service Providers and Plan Sponsors
- Fundamental and Functional Fiduciary Issues
- Emerging Trends and Risks in Employer Stock for Plan Sponsors post-Dudenhoeffer
- Key Takeaways from Recent Major Fee Litigation (and Settlements), including the latest from the Supreme Court in Tibble v. Edison International
- Post-Amara Remedies and Rochow v. LINA
- Compliance and Best Practices
O'Melveny & Myers LLP
Service Provider or Fiduciary -- Financial Services in the ERISA cross-hairs:
- DOL’s Re-Proposed Fiduciary Regulation would expands fiduciary status
- DOL’s continued focus on investment consultants as possible fiduciaries broadens fiduciary risk
- Fiduciary challenges to the selection of actively managed investments
- Statute of limitations issues presented in Tibble v. Edison
Pentegra Services, Inc.
- ERISA’s Third Watershed
- DOL’s Conflict of Interest Proposal
- Quis Custodiet Ipsos Custodes? (Who Watches the Watchmen?)
Ivins, Phillips & Barker, Chartered
Ivins, Phillips & Barker, Chartered
- Fiduciary Rules
- Fiduciary Liability
- Personal & Co-Fiduciary Liability
- How to Protect Yourself
- Duty to Monitor
- Prohibited Transactions
- Parties in Interest
- Plan Service Provider/Vendor Issues
- Best Practices
- Prudent Process
- Fee Issues/Structures
- Hot Topics
Jodi H. Epstein, Partner
Ivins, Phillips & Barker, Chartered
Who Should Attend:
- Retirement Plan Financial Professionals
- Retirement Plan Practicing Lawyers
- Employee Benefits Attorneys
- Executive Compensation Practicing Lawyers
- Employment and Labor Lawyers
- Compensation and Benefits Consultants
- Plan Sponsors, Fiduciaries and Participants
- Insurance Attorneys
- Insurance Carriers
Jodi H. Epstein is a partner in Ivins, Phillips & Barker's Employee Benefits practice. She focuses on qualified plans, with particular expertise in integrations after acquisitions, setting up benefit platforms, and advising qualified plan committees regarding their fiduciary duties. Jodi's practice includes day-to day compliance issues, such as assisting with implementation of new legislation and regulations, filing determination letter applications for qualified plans, trouble-shooting when glitches arise in plan operations, and helping qualified plan committees monitor plan investments and plan vendors. Her practice also includes the one-of-a-kind issues that can arise, usually in connection with M&A activity. Representative clients include General Electric and The Boeing Company. Jodi is well-versed in the complexity and challenges raised by large controlled groups. Jodi earned her undergraduate degree from Stanford and her law degree from Harvard.
Jodi H. Epstein is a partner in Ivins, Phillips & Barker's Employee Benefits practice. She focuses on qualified plans, with …
Theresa S. Gee is a counsel in the Washington, DC office of O’Melveny & Myers LLP. Her practice focuses on ERISA litigation and advice in connection with fiduciary responsibilities under ERISA. She joined the Firm from the U.S. Department of Labor’s Office of the Solicitor, where she was a Deputy Associate Solicitor in the division responsible for ERISA litigation and advice. Since joining O’Melveny, Tess has advised and defended clients on a variety of matters including responding to Department of Labor fiduciary investigations and inquiries, counselling financial institutions, plan sponsors, and other clients on fiduciary structure and processes, disclosures, and compliance with ERISA's prohibited transaction provisions, and defending clients in class actions brought under ERISA in connection with employer stock and administrative expenses and investment fees. 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 …
Jake Linney is a Regional Director at Pentegra Services, Inc. He specializes in plan design for complicated employer situations, multiple employer plans and 3(16) fiduciary administration. Jake is an advocate for pension education and has taught more than 100 training classes on topics ranging from retirement plan fundamentals to advanced consulting practices. He serves on ASPPA’s Retirement Plan Academy where he works on a variety of retirement plan credentials and certificate programs. Jake is also a frequent writer and speaker to the retirement plan community.
Jake Linney is a Regional Director at Pentegra Services, Inc. He specializes in plan design for complicated employer situations, multiple …
Benjamin L. Grosz is an associate with Ivins, Phillips & Barker, where he advises clients on a broad range of employee benefits issues and federal tax planning matters. His employee benefits practice consists of advising employers and fiduciaries on a wide range of matters, including Code and ERISA compliance for retirement and health/welfare plans, assisting with correction of plan errors (including for the EPCRS and DFVC programs), counseling plan committees on fiduciary matters, preparing determination letter applications and voluntary compliance submissions, responding to participant claims/appeals, and handling a variety of issues that arise in transactions. Ben has extensive experience drafting plan documents, amendments, fiduciary committee meeting minutes, summary plan descriptions and other participant communications. He works with large and small clients on their benefit programs and routinely handles day-to-day administrative questions for all types of plans. Recent employee benefits clients include Boeing, PSEG, Xerox, SABIC, and the Smithsonian Institution. Ben earned his B.A. from the University of Virginia (magna cum laude and elected Phi Beta Kappa), an Executive Certificate from Georgetown University, and his J.D. from the University of Virginia School of Law. He has spoken to the American Bar Association, the D.C. Bar, and the Tax Executives Institute.
Benjamin L. Grosz is an associate with Ivins, Phillips & Barker, where he advises clients on a broad range of …
Spencer Walters is an attorney in Ivins, Phillips & Barker's Employee Benefits practice. His practice includes the development and maintenance of qualified and nonqualified plans, Code and ERISA compliance for retirement and health and welfare plans, and executive compensation, including Code section 409A. He works with in-house counsel and human resources professionals to implement and amend benefit plans and attend to day-to-day administrative questions. Mr. Walters regularly drafts plan documents and formal plan amendments, employment agreements, and summary plan descriptions and other participant communications.
Spencer Walters is an attorney in Ivins, Phillips & Barker's Employee Benefits practice. His practice includes the development and maintenance of …
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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
About Pentegra Services, Inc.
Pentegra Retirement Services is a leading provider of retirement plan and fiduciary outsourcing solutions to organizations nationwide. Pentegra serves as ERISA Fiduciaries for nearly 1,000 employers nationwide. Founded by the Federal Home Loan Bank System in 1943, Pentegra offers a broad array of retirement plan solutions, including Multiple Employer Plans (MEPs) and Group Trusts, as well as single employer 401(k) plans, Defined Benefit Pension plans, Cash Balance plans, 412(e)(3) Fully Insured Defined Benefit plans, Split Funded Defined Benefit plans, KSOPs, ESOPs, Profit Sharing plans, Age-Weighted plans, New Comparability plans, 457(b) and 457(f) plans, 403(b) plans, 401(a) plans, Section 79 plans, Non-qualified Executive Benefit and Director plans, benefits financing solutions using BOLI and a broad array of TPA services. In addition Pentegra also serves the needs of institutional investors, offering partial or complete investment outsourcing capabilities.
About Ivins, Phillips & Barker, Chartered
Ivins, Phillips & Barker, founded by two of the original judges on the United States Tax Court in 1935, is the leading law firm in the United States exclusively engaged in the practice of federal income tax, employee benefits and estate and gift tax law. The firm’s lawyers are nationally recognized to be among the best and brightest in the country. Decades of focus on the intricacies of the Internal Revenue Code has led numerous Fortune 500 companies, as well as smaller companies, tax-exempt organizations, and high-net-worth individuals to rely on the firm for answers to the most complicated and sophisticated tax planning problems, as well as for complex tax litigation. Ivins provides expert counsel in all major areas of tax law, offering prompt and efficient attention whether for the most detailed and intricate of issues or for rapid responses to emergency situations.