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 CLE webinar with Q&A


Conducted on Tuesday, September 12, 2017
Recorded event now available


This CLE webinar 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.

Description

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.

Outline

  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

Benefits

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?

Faculty

Dr. Susan Mangiero, Managing Director
Fiduciary Leadership, Trumbull, Conn.

Dr. Mangiero a CFA® charterholder, certified Financial Risk Manager, Accredited Investment Fiduciary Analyst®, Certified Fraud Examiner and Professional Plan Consultant™. She has provided testimony and behind-the-scenes forensic analysis, calculation of damages and rebuttal report commentary for various investment governance, investment performance, fiduciary breach, prudence, risk and valuation matters. Dr. Mangiero has over 20 years of experience in capital markets, global treasury, asset-liability management, portfolio management, economic and investment analysis, derivatives, financial risk control and valuation. She is a frequent keynote speaker and has led workshops for numerous organizations.

Rhonda Prussack, Head of Fiduciary and Employment Practices Liability
Berkshire Hathaway Specialty Insurance, New York

Ms. Prussack is Head of Fiduciary and Employment Practices Liability at BHSI. She has 25 years of insurance industry experience, and has developed and brought to market state-of-the-art fiduciary liability policy forms and innovative coverages for corporations, organized labor, municipalities, and nonprofits. Ms. Prussack has written articles for and been quoted in many publications, and is a frequent speaker at ERISA and executive liability seminars around the U.S. and Canada.

Emily Seymour Costin, Partner
Alston & Bird, Washington, D.C.

Ms. Costin focuses her practice on the defense of employment and employee benefits disputes and counseling employers, plan sponsors and fiduciaries on litigation avoidance strategies. Ms. Costin represents plan sponsors, insurers and fiduciaries in litigation over claims for benefits and breach of fiduciary duty under ERISA. She is the Chair of the ABA TIPS Employee Benefits Committee and a member of the ABA’s Joint Committee on Employee Benefits.


Recordings

CLE On-Demand - Streaming Video

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On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

AK, AZ, CA, CO, CT, DE, FL, GA, HI, IA, ID, IL, IN*, KS, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

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Recorded Event

Includes full event recording plus handouts (available after live webinar).

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Recorded Webinar Download $148.50
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Recorded Audio Download (MP3) $148.50
Available 24 hours after the live event

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Webinar

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Program Materials

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Program Materials

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Customer Reviews

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Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs

Partner

Holland & Hart

Joshua Davis

Director

Goulston & Storrs

Barbara E. Hoey

Partner

Kelley Drye

Jeffrey Hollingsworth

Partner

Perkins Coie

Diana L. Hoover

Partner

Hoover Kernell

Paul J. Kennedy

Shareholder

Littler Mendelson

Marcia Nelson Jackson

Partner

Wick Phillips

William C. Martucci

Partner

Shook Hardy & Bacon

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Peter Steinmeyer

Member

Epstein Becker & Green

Teresa R. Tracy

Partner

Freeman Freeman Smiley

Todd D. Wozniak

Shareholder

Greenberg Traurig

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