On-Demand Learning

ERISA

From the program: ERISA Fiduciary Investment Basics 2013

Released on: Feb. 20, 2013

This course provides an introduction to the basics of ERISA fiduciary law using a case-study vehicle, and is intended for lawyers seeking to solidify their understanding of the regulatory framework, to ensure that they have a full picture of the important issues to be addressed and to develop their analytical abilities.  In this year’s program, you will learn about the principal issues in ERISA’s regulation of plan investments ...

Recorded on: Aug. 8, 2012

ANDREW L GAINES: As we get set up here, I'll begin the introductions. As I mentioned in my earlier remarks, the next panel is going to be a little survey of ERISA litigation. We've already said 100 times that we think that ERISA plans are probably the largest source of equity capital in this country, maybe the world. And as a result, there is a tremendous amount of litigation targeted at these plans, targeted at sponsors of plans, and the fiduciaries ...

Recorded on: Feb. 11, 2013

SPEAKER 1: --invite them up. But just to help save some time, it's on ERISA litigation, which is a new panel this year. And so it's Shannon Barrett from O'Melveny, Linda Haynes from Seyfarth, Javier Hernandez from Curtis, Mallet, and Sara Pikofsky from Jones Day. HOWARD PIANKO: What we're going to do in this panel is actually, we spent most of the day talking about investments that really relate to large defined benefit plans in the ERISA world-- ...

Recorded on: Apr. 7, 2011

HOWARD PIANKO: Our last panel is going to look at some of the ethical considerations applicable to our practice area. We've broken it down into three parts. I'm going to start off with a review of planned governance and we've used the word planned governance today, how do you apply it? And there's a handout which Grace has informed me I should have sent to be done electronically, but I didn't. But you've got a colored handout. Steve Rabitz is to ...

Recorded on: Apr. 10, 2013

HOWARD PIANKO: Our last hour, we're going to go into ethical considerations for ERISA lawyers both outside lawyer and also the kind of questions that come up working in-house. We're really pleased to have Howard Shapiro with us. Howard, from Proskauer, is a litigator who many of us have heard of and worked with. And Liza LeAndre from Colgate-Palmolive is here to talk to us from the in-house perspective. I'll turn it over to-- who's starting? You? ...

Recorded on: Mar. 3, 2011

HOWARD PIANKO: --things that we've been discussing today. We've broken it down into three sections. Where-- is Martha here? There you are. I didn't see you back there. OK. So we're joined, to my far right, by Martha Steinman. Martha is a Partner at Dewey & LeBoeuf where her practice focuses extensively, if not totally, on ERISA Fiduciary and related questions. To my immediate right is Linda Haynes, who's a fellow partner of mine at Seyfarth, ...

Recorded on: Feb. 11, 2013

HOWARD PIANKO: OK. We're going to do the ethics part of the program by going back to the second panel. I'm going to resume my role as the Chief Investment Officer. And this hour I'm going to be talking to two different lawyers from the same firm. To my right is Glenn Butash and Linda Haynes. And they're going to be the counsel. I'm going to start off by thanking them for coming. And I really enjoyed meeting your two colleagues this morning. And we ...

Recorded on: Aug. 8, 2012

ANDREW L. ORINGER: Hello. OK. So we mentioned early on how we wanted to sort of try to give a flavor for what we do, the breadth of what we do. And we talked early on about how ERISA lawyers were sort of pension lawyers, really initially defined benefit plan lawyers, and then came the 401(d) plan and the like. And then came the fact that clients found that there were other ways to get done some of the things they were trying to get done without talking ...

Recorded on: Aug. 8, 2012

ANDREW GAINES: Good morning, and welcome to day two of ERISA, The Evolving World 2012. Myself, Andy Gaines and Andrew Oringer are chairing this program. Day two represents for Andy and I an important change in the program from years past. As Andy kind of let off yesterday in describing the practice, practice has evolved significantly since we started in this practice. And day two topics represent what we think is a nice survey of the kinds of things ...

Released on: May. 6, 2013

Taken from the briefing Financial Firms as ERISA Plan Sponsors - The When, What and How of the QPAM Audit Requirement recorded April, 2013.Starting in 2012 when a Department of Labor amendment of the Qualified Professional Asset Manager (“QPAM”) prohibited transaction class exemption became effective, a new requirement was imposed on financial firms when managing assets of ERISA plans they maintain for their own employees. These firms now must undergo ...

Recorded on: Mar. 3, 2011

ARTHUR H. KOHN: A few minutes of preparatory kind of introductory remarks about the topic that we're going to discuss. And then, we'll circle around. If anybody wants to interrupt us during the course of our presentation, please feel free to raise your hands. We're very happy to take questions. And so while the deck is being prepared, let me introduce my co-panelists. To my immediate right is Erin Cho. Erin is a partner at Davis Polk in the DC office. ...

Recorded on: Aug. 2, 2012

Taken from the briefing Health Care Reform After the Supreme Court Decision: What Employers Need to Know Now for Compliance, Transactions and Executive Compensation recorded August, 2012. In the wake of the recent Supreme Court Decision upholding the constitutionality of the individual mandates under the Affordable Care Act (ACA), employers are assessing the impact of the ACA on their group health plans and their businesses as a ...

Released on: Jun. 11, 2013

Taken from the briefing It Says So, Therefore It Is - Supreme Court Holds in McCutchen that Plan Terms Control the Scope of a Reimbursement Claim recorded May, 2013.On April 16, the Supreme Court decided the case of US Airways v. McCutchen. In McCutchen, the Supreme Court considered the question of whether reimbursement provisions in a self-funded employee welfare benefit plan governed by ERISA are required to be enforced as they are written. The ...

Released on: Aug. 14, 2013

Taken from the briefing Leveraged Buyouts: A Discussion with the Pension Benefit Guaranty Corporation recorded July, 2013.The Pension Benefit Guaranty Corporation recently announced that it will become more aggressive in leverage buyout transactions involving underfunded pension plans.  In a similar vein, in April, the PBGC initiated proceedings to terminate a pension plan in connection with Compagnie de Saint-Gobain’s sale of its U.S. metal ...

Recorded on: Feb. 11, 2013

HOWARD PIANKO: I'm not going to take a lot of time with introductions. The people who are going to talk to us over lunch need no introductions. It's Melanie Nussdorf and Ivan Strasfeld, both of whom have been around, since I'm probably the same vintage, but won't admit it. We've been around since the beginning of ERISA. Melanie and Ivan were actually in government at that time. And the idea behind this session is just we have to sit back and get ...

Recorded on: Mar. 3, 2011

HOWARD PIANKO: We're going to pick up with our luncheon speaker and then they'll be a break after that before we resume. Melanie Nussdorf is a partner at Steptoe & Johnson. She is going to share some perspectives that she's built up over the years since she was in the Department of Labor shortly after ERISA was enacted from 1977 to 1981 in the Soliticor's Office, and then moved onto to the PBGC and then onto a very well known career in private ...

Recorded on: Oct. 5, 2012

MARC R. TREVINO: For lunch today with us, we have Associate Professor of Law at Columbia and the Milton Handler Fellow, Professor Robert Jackson. I thought it would be fun to be educated at lunch. And usually, I would give Robert or any professor a harder time about speaking in our area, because I think that you need some practical experience. SPEAKER: Which he's had some of. MARC R. TREVINO: Which is exactly right. So in addition to just professing ...

Recorded on: Aug. 8, 2012

ANDREW L GAINES: OK, we're back. We're going to finish up the program in the next hour. We're going to do a couple different things. The first part of the next hour is something a little different. We're going to move away from talking about rules and regulations and everything else. So we're going to talk about what it's like to practice in a couple of different environments. One, the single practitioner environment, where somebody's actually out ...

Recorded on: Aug. 8, 2012

ANDREW L. GAINES: Thank you, Andy. It is a little bit of a moment of reminiscing. The next two speakers are designed to lay out some very, very fundamental aspects of what we're going to learn today. Joe Simone, as Annie mentioned, is somebody we work with. I had the pleasure of working with him in two different firms as an associate at Patterson [INAUDIBLE] where he became partner, and then as an associate and counsel at Schulte, Roth, and Zabel ...

Recorded on: Oct. 5, 2012

GRACE O'HANLON: It's my pleasure to introduce the co-chairs of today's program, Linda Rappaport and Marc Trevino. Linda is the Practice Group Leader Emerita of the Executive Compensation and Employee Benefits Private Client Group at Shearman & Sterling. Her practice focuses on all aspects of executive compensation and benefits, including corporate securities and tax laws, and ERISA. Marc is the managing partner of Sullivan & Cromwell's Executive ...

Recorded on: Jan. 25, 2013

JOAN E. BOROS: Before I introduce the next panel, the Pension Development, I do want to say, I spoke in my opening remarks about the Taleb book about randomness and uncertainty, and building a system that applies to it and addresses it. Well, that's what Jeff and I have done. We have such spectacular faculty that even if one gets caught in Newark and can't get over here, we have a panel member that can do the whole panel by himself. But if his comrade ...

Recorded on: Jan. 28, 2013

Taken from the Web Program Securities Products of Insurance Companies in the Course of Regulatory Reform 2013 Recorded January, 2013 in New York Pension Developments [00:58:43] New DOL disclosure standards A new fiduciary standard Advice for participants Lifetime Income Options The purchase price of this segment includes the following article(s) from the Course Handbook available online: Washington Update Thomas ...

Recorded on: Nov. 19, 2012

Taken from the briefing Pensions and Corporate Finance: How to Avoid Buyer's Remorse 2012recorded November, 2012. Ever since the PBGC’s 2007 opinion that a private equity fund with a controlling interest can be liable for a portfolio company’s pension problems, there is increased evidence that corporate transactions can go seriously awry if ERISA benefit plans are not properly addressed. Legal issues are not the only risk ...

Recorded on: Oct. 5, 2012

LINDA E. RAPPAPORT: While our panel organizes itself, I'm thrilled to see another group of illustrious, important people talk about our next subject matter, which is a proxy adviser and shareholder activism, perfect segue from our last panel. MARK A. BORGES: Nice planning, Linda. LINDA E. RAPPAPORT: Thank you. Mark Borges is to our immediate right. As many of you know, he is a principal with Compensia, which is a management consulting firm that ...

Recorded on: Apr. 20, 2011

MARC R. TREVINO: Welcome back. Welcome back. We're ready to go again. Following on Anne Krauskopf's sort of a Q&A with us. We're about to talk about our proxy season that we're going through right now, and what to expect for next year. Because it's never too soon for that. And so let me introduce the panel, and we will get started. Usually I start to Linda on my right, work our way down, but it I'm actually going to start with someone who's only ...