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DOL Investigations of Employee Benefit Plans: Responding to Enforcement Actions, Audits, and Settlements

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, November 12, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will prepare employee benefits counsel to represent plan fiduciaries and sponsors facing Department of Labor (DOL) investigations or lawsuits. Our experienced panel will discuss how to navigate the investigation process, offer practice pointers on working with the Employee Benefits Security Administration (EBSA) investigators, discuss strategies for determining and implementing corrective action, and offer insights into entering into a settlement agreement with EBSA or with the DOL's Solicitor's Office if referred for litigation.

Description

EBSA is responsible for overseeing ERISA-regulated employee benefit plans, and it continues to ramp up investigations and enforcement actions. EBSA conducts civil and criminal investigations and has the authority to refer cases to other government agencies such as the IRS, SEC, PBGC, or U.S. Attorney's Office.

Investigations can drag on for months or years once a plan sponsor or fiduciary is the target of an inquiry. Benefits counsel must carefully examine the agency's claims, identify and collect extensive documentation, and create an investigation strategy to resolve the agency's allegations and foreclose further action.

Counsel must also decide whether or not to enter into a settlement agreement and the cost of remedial measures.

Listen as our expert panel shares their experiences in representing plan fiduciaries and sponsors facing EBSA investigations. The panel will discuss how to navigate the investigation process, offer practice pointers on working with EBSA investigators, discuss strategies for determining and implementing corrective action and deciding whether to enter into a settlement agreement with EBSA, and discuss strategies if a matter is referred for litigation to the DOL's Solicitor's Office.

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Outline

  1. Overview of DOL/EBSA regulatory scheme and enforcement initiatives
  2. Best practices for responding to investigations and audits
  3. Working with auditors and investigators
  4. Corrective action and settlements

Benefits

The panel will review these and other relevant issues:

  • What factors should counsel to plan sponsors or plan fiduciaries consider when determining whether to seek settlement of an enforcement action?
  • What are the challenges and pitfalls for negotiating settlements and penalties with EBSA? With the DOL's Solicitor's Office?
  • What are best practices for ensuring compliance and avoiding agency scrutiny?
  • What are the DOL's enforcement initiatives focusing on in 2024 leading into 2025?

Faculty

Garrett, Angel
Angel L. Garrett
Director
Trucker Huss

Ms. Garrett represents plan sponsors, fiduciaries, and service providers in ERISA class action and single plaintiff...  |  Read More

Schmit, Michael
Michael Schmit
Senior Director
Alvarez & Marsal

Mr. Schmit is a Senior Director with Alvarez & Marsal Tax in Denver. He specializes in compensation and benefits,...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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