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ERISA Fiduciary Standards and Compliance Challenges for Plan Sponsors and Administrators

Fiduciary Duties, Investing Plan Assets, Prohibited Transactions, Remedies for Fiduciary Breaches, Litigation

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 Wednesday, March 16, 2022

Recorded event now available

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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.

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Outline

  1. Fiduciary rules and critical issues
  2. ERISA five-factor fiduciary test and exemptions
  3. Prohibited transaction and conflicts of interest considerations
  4. Recent cases, litigation risks, and remedies
  5. Best practices for plan sponsors and advisers to comply with federal and state rules

Benefits

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

Faculty

Burriss, Eliot
Eliot T. (Eli) Burriss

Partner
Faegre Drinker Biddle & Reath

Mr. Burriss represents clients in sophisticated litigation matters, with a scope that includes derivative actions,...  |  Read More

Levine, David
David N. Levine

Principal
Groom Law Group

Mr. Levine advises plan sponsors, advisors, and other service providers on a wide range of employee benefits matters,...  |  Read More

Oringer, Andrew
Andrew L. Oringer

Partner
Dechert

Mr. Oringer is co-chair of his firm's ERISA and Executive Compensation group, and leads the firm’s...  |  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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