Understanding Ethics for the Employee Benefits and Executive Compensation Attorney
Employee Benefits and Executive Compensation Practitioners regularly are presented with several ethical issues especially those relating to conflicts of interest, attorney-client privilege and attorney work product protection. Preserving the privilege in today’s highly inter-connected and digital working environment presents growing challenges.
The Knowledge Group is assembling a panel of speaker experts and thought leaders to help walk you through the following issues in a two-hour webcast:
• Handling the inherent conflict of interest for Employee Benefits and Executive Compensation Counsel
• Independent legal counsel provisions of the Dodd-Frank Act
• The fiduciary exception to Attorney-client privilege
• Recent cases relating to work product doctrine, particularly in benefit claims and IRS audits
• Negligent loss of privilege through disclosure
• E-discovery issues in preserving the privilege
• Data security issues
• Recent developments on Attorney Client Privilege and the work product doctrine
• Threat to work product protection presented by Textron and other recent decisions
• Up-to-the-minute regulatory updates
Michael S. Melbinger, Partner, Chair, Employee Benefits and Executive Compensation Practice,
Winston & Strawn LLP
- Handling the inherent conflict of interest for employee benefits and executive compensation counsel
- Independent legal counsel provisions of the Dodd-Frank Act
Ronald L. Kahn, Partner, Chair of the Tax Practice Group,
Ulmer & Berne LLP
- The fiduciary exception to attorney-client privilege
Azeez Hayne, Partner,
Morgan, Lewis & Bockius LLP
- Continuation of fiduciary exception
- Section 402(a)(2) of ERISA
Who Should Attend:
– Employee Benefit Lawyers
– Employee Benefit Advisors
– Ethics Officers
– General Counsel
– Other Related/Interested Professionals
At a Glance
Chair of the Tax Practice Group, Ron has over 30 years legal experience. In addition to taxation, his practice concentration includes employee benefits (including ESOPs), executive compensation, ERISA litigation, employment law, health care law, estate planning and corporate law. Throughout his career, he has advised businesses of all sizes on the design and maintenance of various employee pension and welfare benefit programs. He is named in The Best Lawyers in America®, Employee Benefits Law (1995-2012).
Has over 30 years experience in advising businesses of all sizes with respect to the design and maintenance of various forms of employee pension and welfare benefit programs, including qualified retirement plans [such as pension, profitsharing, 401(k) and employee stock ownership plans (ESOPs)], nonqualified deferred compensation arrangements, VEBAs and cafeteria plans.
Has over 30 years experience in advising clients with respect to fiduciary responsibility and prohibited transaction issues under ERISA and the Internal Revenue Code and has served as an expert witness in litigation involving claims of breaches of fiduciary duties and violations of prohibited transaction rules.
Has over 30 years experience counseling retirement plan fiduciaries and IRA owners with respect to investment considerations concerning unrelated business taxable income (UBTI) and unrelated debt-financed income (UDFI).
At a Glance Chair of the Tax Practice Group, Ron has over 30 years legal experience. In addition to taxation, …
Mike Melbinger is a partner in the law firm of Winston & Strawn LLP, and chair of the Firm’s Executive Compensation and Employee Benefits Practice. Mike is also an Adjunct Professor of Law at both the University of Illinois College of Law and Northwestern University School of Law.
Mike is the author of the CCH treatise Executive Compensation, now in its Second Edition, the American Bankers Association’s Compliance Guide to Employee Benefit Trusts, and more than 75 articles on executive compensation and employee benefits topics. He is also the author of”Melbinger’s Compensation Blog” for CompensationStandards.com, the oldest and most widely read blog on the topic.
Mike practices exclusively in the area of executive compensation and employee benefit issues for corporations, partnerships, executives, boards of directors and fiduciaries. He also handles the benefits and compensation issues in litigation, bankruptcy, change in control, and public offering situations.
Mike Melbinger is a partner in the law firm of Winston & Strawn LLP, and chair of the Firm’s Executive …
Azeez Hayne is a partner in Morgan Lewis’s Labor and Employment Practice. His practice focuses primarily on employee benefits plan litigation and general employment litigation, including Sarbanes-Oxley whisteblower litigation. This practice includes representing employee benefits plans and employers in disputes with plan participants and beneficiaries, representing employee benefit plans in disputes with plan trustees, and representing employers in Sarbanes-Oxley whisteblower suits, discrimination suits, and executive compensation disputes. In addition, Azeez regularly counsels clients in employment and benefits decisions.
Azeez earned his J.D. from the University of Virginia School of Law in 2001 and his B.A. in biology from Swarthmore College in 1998.
Azeez Hayne is a partner in Morgan Lewis’s Labor and Employment Practice. His practice focuses primarily on employee benefits plan …
Print and review course materials
Method of Presentation:
On-demand Webcast (CLE)
NASBA Field of Study:
NY Category of CLE Credit:
Ethics and Professionalism
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About Ulmer & Berne LLP
Ulmer & Berne LLP is focused on exceeding client expectations and delivering superior, customized legal solutions for an exception value to every single client. The firm’s attorneys understand that each client represents an important relationship, whether that client is an individual, a growing business or Fortune 500 company. Since its founding in 1908, Ulmer & Berne has grown to its present position as a leading Midwest-based law firm with more than 185 attorneys in Cleveland, Cincinnati, Columbus and Chicago offices. The firm’s attorneys serve as counselors and partners to a wide range of clients helping them solve their business challenges and achieve their goals on regional, national and international levels. Ulmer & Berne represents publicly traded and privately held companies, financial institutions, pharmaceutical companies, hedge funds, private equity funds, international joint ventures and affiliations, investor groups, family offices, start-ups and emerging businesses, public bodies and nonprofit organizations. The firm has been ranked by general counsel among the top law firms for delivering superior client service in The BTI Client Service A-Team 2011: The Survey of Law Firm Client Service Performance.
About Winston & Strawn LLP
Winston & Strawn LLP is an international law firm with nearly 1,000 attorneys among 15 offices in Beijing, Charlotte, Chicago, Geneva, Hong Kong, Houston, London, Los Angeles, Moscow, New York, Newark, Paris, San Francisco, Shanghai, and Washington, D.C. The Firm serves the needs of enterprises of all types and sizes, in both the private and the public sector. The exceptional depth and geographic reach of our resources enable Winston & Strawn to manage virtually every type of business-related legal issue.