Description
Cybersecurity of personal employee data is a serious issue. Data breaches across a variety of companies and industries demonstrates that benefit plans, sponsors, and service providers are not immune. Plan sponsors and fiduciaries must be proactive to develop a course of action to address these issues.
Aside from ERISA fiduciary duty principles, there is limited guidance regarding ERISA plan fiduciary duties with respect to privacy and security of plan data and data breaches. The liability for violations of ERISA fiduciary duties can be personal to the individual fiduciary.
Plan sponsors, fiduciaries, and service providers should identify risks and understand the nuances of applicable rules and regulations. In addition, effective privacy and security practices and response procedures should be implemented to minimize potential liability.
Listen as our panel provides guidance to plan sponsors and fiduciaries, benefits counsel, and service providers on trends in data breaches in ERISA retirement plans and development of best practices. The panel will discuss the scope of fiduciary obligations to prevent breaches, best practices to protect benefit plan data, and risk mitigation considerations.
Presented By
Mr. Bokert is co-chair of the firm's Benefits + Compensation Practice Group. His practice encompasses nearly all aspects of executive compensation and employee benefits, including matters related to equity plans, deferred compensation plans, phantom equity plans, qualified retirement plans and welfare plans. Mr. Bokert has extensive experience in Section 409A and deferred compensation arrangements. He has extensive experience in counseling plan committees on their fiduciary responsibilities under ERISA.
Ms. Capezza is an accomplished employee benefits and executive compensation lawyer with more than 25 years of experience advising clients on ERISA, benefits, and executive compensation matters, including in connection with corporate transactions. She also brings this knowledge and experience to counsel clients that are digitally transforming their business on the use of automation and artificial intelligence in the workplace and the related implications for employee benefits and compensation for their changing workforce. Ms. Capezza is called to represent Fortune 500 companies, multinational corporations, nonprofit entities, medium-sized businesses, and individual executives across a variety of industries, including financial services, health care, life sciences, technology, artificial intelligence, media, telecommunications, hospitality, and retail.
Mr. Gower concentrates his practice in all aspects of tax-qualified retirement plan design, compliance, and administration. He routinely works with defined benefit, cash balance, profit sharing, 401(k) and KSOP plans. He has wide-ranging experience in plan drafting and assists plan sponsors in preparing committee charters and bylaws to help govern plan administration. He routinely works with clients to assist with compliance efforts and works with plan sponsors to comply with ERISA’s fiduciary requirements.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, October 16, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Trends in data breaches for retirement plans and cybersecurity considerations for plan sponsors and fiduciaries
II. Lessons from recent data breaches and litigation
III. Updates to cybersecurity best practices
IV. Incorporating cybersecurity protections into service agreements with TPAs and other service providers
The panel will review these and other key issues:
- What lessons can be learned from recent breaches of retirement plan employee information and data?
- What should ERISA plan fiduciaries consider in developing benefit plan cybersecurity best practices?
- How can cybersecurity protections be incorporated into service agreements with service providers and TPAs?
- What specific obligations do plan sponsors and fiduciaries have when responding to an occurrence of a data breach?
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