ERISA Fiduciaries Under Attack: Key Litigation and Regulatory Developments
Mitigating Risks of Breach of Fiduciary Duty Claims
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide attorneys with a review of new and evolving rules governing fiduciary liability, address regulatory and litigation developments that affect ERISA fiduciaries, and outline strategies to improve due diligence and other investment governance for defined contribution and defined benefit plans.
- ERISA fiduciary liability
- Overview of fiduciary duties
- Concept of prudence and the focus on procedure
- Role of investment committees versus role of the board
- Fiduciary liability insurance
- What is fiduciary insurance and who is typically an insured
- Recent trends in litigation settlements
- What concerns insurance underwriters
- Best practices to preserve all available coverage
- Fiduciary pain points
- General failure to hedge or diversify
- Post-Enron investment in company securities
- Risk management through the internet bubble, the sub-prime crisis and beyond
- Processes to diligencing both investments and service providers
- Identifying and paying fees
- Disclosure to "401(k)" participants
The panel will review these and other key questions:
- When are plans adopting risk management strategies?
- What should the composition of the investment committee be?
- How may an expanded "fiduciary" definition impact potential damages?
- Does Dodd-Frank affect plan-management concerns?
- How should insurance coverage be reviewed and managed?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Her practice focuses on analysis, damage assessment, training and expert witness services in the areas of risk... | Read More
Her practice focuses on analysis, damage assessment, training and expert witness services in the areas of risk management, valuation, asset allocation, asset-liability management, diversification, prudence, derivatives and service provider due diligence.Close
Andrew L. Oringer
Ropes & Gray
Andrew is a Ropes & Gray LLP partner who leads the firm's ERISA and executive compensation practice in New York. ... | Read More
Andrew is a Ropes & Gray LLP partner who leads the firm's ERISA and executive compensation practice in New York. He is chairman of the Fiduciary/Investments Subcommittee of the Employee Benefits Committee of the ABA's Section of Taxation, co-chair of the Employee Benefits Committee of the New York State Bar Association's Tax Section, and an adjunct professor at Hofstra University's law school.Close
Christine A. Dart
Chubb & Son