401(k) Fee Litigation After Tibble v. Edison Int'l: Navigating the Continuing Duty to Monitor Plan Investments
Establishing ERISA Plan Investment Policies to Avoid Fee Challenges and Costly Liability
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide benefits counsel with guidance on meeting the continuing duty to monitor ERISA plan investments established by the U.S. Supreme Court in Tibble v. Edison International. The panel will help plan sponsors create investment policies to ensure compliance with ERISA fiduciary requirements and avoid costly fee litigation.
Outline
- ERISA plan fiduciary duties and statute of limitations
- DOL fee disclosure requirements
- Review of Tibble v. Edison International
- Framework for continual monitoring of plan investments
Benefits
Our panel will discuss these and other key issues:
- What documentation should plan sponsors maintain to support investment choices?
- What investment policies should plan fiduciaries have in place to regularly evaluate investments?
- How should plan fiduciaries balance fund performance and fund expenses?
- What elements of trust law will courts reviewing ERISA fiduciary duty claims likely apply?
Faculty
David C. Olstein
Counsel
Skadden Arps Slate Meagher & Flom
Mr. Olstein’s practice focuses on the fiduciary responsibility provisions of ERISA. He has extensive experience... | Read More
Mr. Olstein’s practice focuses on the fiduciary responsibility provisions of ERISA. He has extensive experience advising asset managers on ERISA matters, including compliance with ERISA’s prohibited transaction rules, in connection with the investment of pension plan assets. Mr. Olstein also regularly advises fund sponsors on ERISA matters, including the application of ERISA’s “plan asset” rules, in connection with the establishment and operation of private investment funds.
CloseStephen D. Rosenberg
Of Counsel
The Wagner Law Group
Mr. Rosenberg is an experienced ERISA and business disputes lawyer with substantial expertise in ERISA litigation,... | Read More
Mr. Rosenberg is an experienced ERISA and business disputes lawyer with substantial expertise in ERISA litigation, ERISA governed benefit plans, fiduciary obligations, plan regulation, ESOPs, top-hat plans, and class actions. He has extensive trial experience in federal and state courts and is a frequent author and speaker on a variety of ERISA and employee benefits topics.
CloseRebecca L. Sczepanski
Counsel
HunterMaclean
Ms. Sczepanski practices in the areas of ERISA and employee benefits, focusing on all aspects of employee benefits... | Read More
Ms. Sczepanski practices in the areas of ERISA and employee benefits, focusing on all aspects of employee benefits taxation and fiduciary issues. She has assisted a wide variety of clients in establishing and administering employee benefit plans, IRS and DOL audits, and reviewing and negotiating plan documentation and service provider agreements, as well as employee disputes, claim resolution, collective bargaining benefit issues, fiduciary aspects of selecting and monitoring 401(k) and 403(b) plan investment options and fees.
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