In today's financial crisis, understanding the responsibilities of fiduciaries and the potential for personal liability with respect to retirement plans is more critical than ever. Working with experienced ERISA counsel, corporate plan sponsors and their fiduciaries can take proactive measures to avoid or mitigate systemic plan losses, risks of personal liability, and costly litigation.
Please join Seyfarth Shaw LLP for a breakfast briefing covering the following topics:
I. ERISA Fiduciary Governance
Fiduciary responsibilities and heightened risks related to sponsoring retirement plans:
- Understanding Your Responsibilities -- Reviewing Plan Investment Options and Compliance with Investment Policy Statement
- U.S. Emergency Economic Stabilization Act of 2008 – Can you benefit from the Troubled Assets Relief Program ("TARP") ?
- Stock Drop Litigation -- What is it? Could you be next?
- Service Provider and Participant Fee Disclosure Requirements – to Prevent Prohibited Transaction Claims
II. Expert Panel Discussion On the Risks
ERISA “Stock Drop” and “Fee” class action suits from a real world perspective:
- Plaintiffs’ Perspective: Class Actions Filed by Plan Participants
- Defendants’ Perspective: Corporate Plan Sponsors and Fiduciaries
- Insurance Company’s Perspective: What’s Covered and What’s Not?
III. Proactive Measures to Avoid or Mitigate Losses and Protect Against Personal Liability
Minimizing the risks of litigation, losses, and liability:
- Fiduciary Insurance Protection, Indemnification, and Advancement of Legal Fees for Defense
- ERISA Compliance and Fiduciary Review to Protect Against Risk
- Ensuring ERISA 404(c) Safeguards are Available
- Brian Cousin, Partner, Seyfarth Shaw LLP
- Candace Quinn, Of Counsel, Seyfarth Shaw LLP
- Jose Jara, ERISA Project Manager, Seyfarth Shaw LLP
- Larry Fine, Senior Vice President and Chief Technical Officer of Financial Lines Claims, AIG Domestic Claims, Inc.
- Rhonda Prussack, Executive Vice President and Product Manager, Fiduciary Liability Insurance, AIG Executive Liability
Gerald D. Wells, III, Plaintiff's Attorney, Schiffrin Barroway Topaz & Kessler, LLP
Who Should Attend:
This briefing is directed toward members of the General Counsel's office, HR Directors HR staff, CFOs, and Insurance Executives.
Seyfarth Shaw LLP is an approved provider of New York Continuing Legal Education (CLE) credit. This seminar is approved for 1.5 hours of credit in Professional Practice, and is appropriate for both transitional and nontransitional attorneys. Please note that in order to receive full credit for attending this briefing, the registrant must be present for the entire session.