About the Course
Introduction
This CLE webinar will provide ERISA counsel and plan sponsors guidance on ERISA fiduciary standards and challenges for retirement plans. The panel will discuss the complex compliance requirements, as well as identify fiduciaries for plan decisions and transactions, potential liability stemming from plan operation issues, prohibited transactions, and conflicts of interests. The panel will also discuss recent cases, litigation risks, and remedies for fiduciary breaches.
Description
ERISA sets minimum standards and requirements for retirement and welfare benefit plans. Recent case law, along with legislation over the years, solidifies the expansion of the protections available to benefit plan participants and beneficiaries. ERISA counsel and fiduciaries must have a firm grasp of these standards, requirements, and mechanisms for overcoming compliance challenges.
The risk and rules for fiduciaries can significantly impact plan sponsors, administrators, providers, investment advisers, etc., creating a level of uncertainty in ensuring fiduciary compliance. Fiduciaries who fail to comply with ERISA may be personally liable, resulting in restoring any losses to the plan or any profits made through improper use of the plan assets due to their actions. In addition, fiduciary liability for a breach may also include penalties assessed by the Department of Labor.
ERISA counsel and advisers must understand the rules applicable to fiduciaries, the challenges stemming from recent cases, DOL rules, and methods to maintain compliance for asset managers, plan sponsors, and providers.
Listen as our panel discusses ERISA fiduciary standards and requirements, determining who are considered fiduciaries for plan decisions and transactions, potential liability stemming from plan operation issues, prohibited transactions, and conflicts of interests. The panel will also discuss recent cases, litigation risks, and remedies for fiduciary breaches.
Presented By
Mr. Levine advises plan sponsors, advisors, and other service providers on a wide range of employee benefits matters, from retirement and executive compensation to health and welfare plan matters. He advises on the design and redesign of complex retirement, executive, and health and welfare plans; ongoing, day-to-day counseling of plan sponsors; in-depth compliance reviews of corporate and governmental benefit programs; products and compliance for retirement and health service providers, and representation of tax-exempt organizations with respect to issues involving corporate governance, executive compensation, and unrelated business income tax liability.
Mr. Oringer heads the firm’s New York office and serves as its General Counsel. His expertise extends to a broad array of issues relating to ERISA and executive compensation. Mr. Oringer advises clients regarding their pension and welfare plans and arrangements, benefits-related tax matters and fiduciary issues arising in connection with the investment of plan assets and has extensive experience with executive compensation representing employers as well as individual executives. His advice to clients encompasses all aspects of corporate transactions and initial public offerings in which benefits and compensation issues play a central part. Mr. Oringer regularly counsels financial institutions and plan fiduciaries regarding investments and has been instrumental in designing intricate investment structures to address complex ERISA issues. As General Counsel, he addresses a variety of ethical issues impacting an ever-growing law firm. Nationally known for his experience with ERISA and matters relating to executive compensation, Mr. Oringer is a frequent speaker and writer on a wide variety of topics. He has been quoted in numerous publications, including The Wall Street Journal, The New York Times, The Financial Times, Crain’s Pensions & Investments, Newsday, USA Today, The Chicago Sun Times and Law360. Mr. Oringer has authored, co-authored or contributed to numerous bar comment letters and reports to regulators, and has testified at the request of Congress and before the Department of Labor.
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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
Wednesday, March 16, 2022
- schedule
1:00 p.m. ET./10:00 a.m. PT
- Fiduciary rules and critical issues
- ERISA five-factor fiduciary test and exemptions
- Prohibited transaction and conflicts of interest considerations
- Recent cases, litigation risks, and remedies
- Best practices for plan sponsors and advisers to comply with federal and state rules
The panel will review these and other key issues:
- Fiduciary and compliance standards and rules under ERISA
- ERISA fiduciary test and exemptions
- Liability stemming from plan operations, investments, administration, and competing interests
- Considerations for asset managers, plan sponsors, and providers
- Overcoming administrative challenges
- Recent cases, litigation risks, and remedies
