ERISA and Executive Compensation Litigation: Best Practices for Anticipating and Avoiding Lawsuits
Identifying Vulnerabilities in Plan Drafting and Administration and Bolstering Potential Litigation Defenses
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide ERISA counsel with a guide to avoiding common errors in drafting and administering executive compensation plans. The panel will outline best practices for navigating complex issues and potential hazards involved in ERISA litigation.
Best Practices for Avoiding Class Action Executive Compensation Litigation Involving:
- Negative Say-on-Pay Votes
- 162(m) Compliance
Best Practices for Structuring Plans and Agreements to be ERISA Plans
- Advantages of ERISA in Litigation
- How to Ensure ERISA Plan Status
Best Practices for Structuring Retirement Plan Administration to Reduce Liability Exposure
- Confine Liability Exposure to Selected Committee
- Protect Board and Company from Fiduciary Status
- Avoid Insiders Involvement in Selection of Investment Options
Best Practices for Avoiding Discovery in ERISA Litigation
- Careful Compilation of Administrative Record
- Avoid Conflict of Interest
- Avoid Inconsistent Treatment and Other Improprieties
- Beware of Fiduciary Exception to Attorney Client Privilege
Best Practices for Prevention of Forum Shopping by Plaintiffs
- Lack of Federal Statute of Limitations for Non-Fiduciary Actions
- Use of Contractual Limitations Period to Create Uniform Limitations Period
- Use of Contractual “Accrual” Trigger to Prevent Aged Claims
Best Practices for Reducing Liability of Plan Fiduciaries for Acts of Recordkeepers
- Liability of Plan Fiduciary for Recordkeeper and Other Service Provider Actions
- Importance of Review of Services Agreement
- Importance of Review of Software Used for Benefit Calculations
- Best Practices for Avoiding Class Action Lawsuits Based on New Fee Disclosure Regulations
The panel will review these and other key questions:
- What kind of compensation drafting is more likely to avoid negative shareholder say-on-pay votes?
- How should plan administration be structured to reduce exposure to ERISA fiduciary liability?
- What are the often ignored, but critical, fee disclosures required under new Department of Labor regulations to avoid a prohibited transaction?
- How should the administrative record be compiled in a benefit denial review?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Miriam (Dusty) M. Burke
Vinson & Elkins
Her work encompasses all facets of employee benefits and executive compensation for a broad base of clients, including... | Read More
Her work encompasses all facets of employee benefits and executive compensation for a broad base of clients, including public and private sector companies and for-profit and tax-exempt entities. She focuses much of her practice on ERISA litigation, defending clients in class actions involving stock drop cases, cash balance plan litigation, breach of fiduciary duty cases, and benefit denial cases.Close
Shane M. Tucker
Vinson & Elkins
His practice area involves a variety of executive compensation and employee benefits matters. A significant portion... | Read More
His practice area involves a variety of executive compensation and employee benefits matters. A significant portion of his practice involves the design of deferred compensation arrangements and equity-based compensation arrangements and he has counseled both employers and executives in various executive compensation matters.Close
Vinson & Elkins
He advises clients regarding all phases of the employment relationship and represents employers before state and... | Read More
He advises clients regarding all phases of the employment relationship and represents employers before state and federal courts and administrative agencies. His practice includes the defense of employment-related contract, ERISA, discrimination, retaliation, wage, class action, OSHA and labor claims.Close