401(k) Plan Investments Under Heightened Legal and Regulatory Scrutiny
Reducing Litigation and Enforcement Risks for Plan Fiduciaries and Sponsors
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to counsel for retirement plans on actions that plan fiduciaries and sponsors can take to minimize fiduciary liabilities. The panel will update participants on recent developments in 401(k) fees litigation and developing trends in ERISA fiduciary litigation.
- Litigation trends in retirement plan investments
- Excessive fees litigation: emerging appellate court guidance
- Funds selection litigation: emerging litigation trends and decisions
- Sub-prime and credit crisis litigation: continued litigation
- Regulatory developments
- DOL 401(k) plan and IRA investment advice regulations
- DOL Advisory Opinion 2009-04A: target date funds
- DOL positions advanced through amicus briefs
- Assessing risks for fiduciaries and plan sponsors in investment choices
- Fund vehicles: mutual funds, collective trusts, separate accounts, ETFs
- Investment strategies: active management, index funds, company stock
The panel will review these and other key questions:
- What new risks have emerged for retirement plan fiduciaries as a result of the market downturn?
- What guidance is provided for plan fiduciaries and sponsors by recent appellate court decisions in fees litigation?
- What are the benefits and risks of the some of the lower cost alternative investment vehicles used by retirement plans?
- How can plan fiduciaries and sponsors minimize fiduciary liabilities for fund investment?
James O. Fleckner
Mr. Fleckner is a nationally recognized leader in the field of ERISA litigation and heads the firm’s ERISA... | Read More
Mr. Fleckner is a nationally recognized leader in the field of ERISA litigation and heads the firm’s ERISA Litigation Practice. He focuses on complex commercial litigation, representing financial service providers and corporate clients in ERISA, securities and derivative class actions and in private civil litigation. He is renowned as a lecturer and author on ERISA and related litigation topics, and has presented at over 40 conferences across the U.S.Close
Alison V. Douglass
She is a partner in the firm’s Litigation Department and a member of its Securities Litigation and SEC... | Read More
She is a partner in the firm’s Litigation Department and a member of its Securities Litigation and SEC Enforcement Practice. She focuses her practice on complex commercial litigation, primarily in the areas of securities and ERISA law, as well as criminal defense and government investigations work.Close
Hannah B. Widlus
She regularly advises clients regarding the propriety of plan investments; relations with insurers, mutual funds and... | Read More
She regularly advises clients regarding the propriety of plan investments; relations with insurers, mutual funds and other institutions; and fiduciary obligations, with particular emphasis on legal issues relating to the investment of the assets of pension funds and other institutional investors. She is currently Co-Lead Fiduciary Counsel for a major Illinois public pension fund.Close