ERISA Plan Investment Committee Governance: Avoiding Breach of Fiduciary Duty Claims

Evaluating Fiduciary Risks and Litigating Alleged Breaches by Investment Committee Members

Recording of a 90-minute premium CLE webinar with Q&A

Conducted on Tuesday, September 12, 2017

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will provide ERISA counsel, in-house corporate counsel, and plan sponsor decisionmakers with the tools to structure and implement appropriate investment committee policies and procedures. Our multi-disciplinary panel will provide best practices for selecting and training investment committees, techniques for vetting fiduciary risks and strategies for litigation.


One of the best techniques a plan sponsor can implement to mitigate fiduciary risk is the installation of an effective investment committee. Sponsors must take care in establishing protocols to ensure committees operate within strict ERISA standards and employ robust fiduciary practices.

Attendees will benefit from a discussion of risk mitigation approaches that have the potential to help lower the likelihood of breach of fiduciary duty allegations. This program will also address effective litigation strategies, the importance of fiduciary liability insurance, and the role of the economic expert in the event of litigation, arbitration, mediation and/or regulatory enforcement actions.

Listen as our authoritative panel discusses the importance of appropriate and effective investment committee governance. Our panel will review best practices with respect to training and selection of committee members, the relationship between investment committee governance and ERISA fiduciary liability insurance coverage, and litigation techniques, as applicable.



  1. Importance of investment committee governance
  2. Investment committee best practices
  3. Vetting investment fiduciary committee risks
    1. Selecting investment committee members
    2. Conflicts of interest
    3. Training
  4. ERISA fiduciary liability insurance
  5. Litigating alleged breach of fiduciary duty claims


The panel will review these and other key issues:

  • What are the ERISA regulations with which investment committees must comply?
  • How should plan sponsors vet fiduciary risks when selecting an investment committee?
  • What litigation techniques can be implemented to minimize the likelihood of a finding of breach of fiduciary duty by an investment committee?
  • What is the role of the economic expert in assessing investment committee performance and investment monitoring, post-Tibble?
  • What is the role of ERISA fiduciary liability insurance?


Mangiero, Susan
Dr. Susan Mangiero

Managing Director
Fiduciary Leadership

Dr. Mangiero a CFA® charterholder, certified Financial Risk Manager, Accredited Investment Fiduciary Analyst®,...  |  Read More

Prussack, Rhonda
Rhonda Prussack

SVP & Head of Fiduciary and Employment Practices Liability
Berkshire Hathaway Specialty Insurance

Ms. Prussack is Head of Fiduciary and Employment Practices Liability at BHSI. She has 25 years of insurance...  |  Read More

Costin, Emily
Emily Seymour Costin

Alston & Bird

Ms. Costin focuses her practice on the defense of employment and employee benefits disputes and counseling employers,...  |  Read More

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