On-Demand Learning

ERISA

Recorded on: Aug. 8, 2012

ANDREW L. ORINGER: OK. We're going to pick up with our next series of lectures. First up, to do eligibility and coverage is my friend David Glaser. I used to work with David-- or in my more honest moments, for David-- way back when, and actually so did Andy. He and I both were tutored-- up under the tutelage of Mr. Glaser, and we're definitely the better for it. He co-chairs the employee benefits and executive compensation group at Patterson Belknap ...

Recorded on: Aug. 8, 2013

ANDREW L. GAINES: All right. We're going to get started in the next segment of the program. I just want to emphasize that a lot of the material that was presented in the first segment of the program is just that. It's an overview. And they'll be many detailed discussions regarding all the things that were presented in that segment throughout the course of the next two days. In particular, Rob was talking about some pretty esoteric stuff in the defined ...

Recorded on: Jun. 12, 2012

DAVID W. POLLACK: OK, the next topic is employee benefits. And Mark Poerio, who is a partner at Paul Hastings in Washington in the Employment Law department of that firm and whose practice relates to employment law matters, including in the context of M&A, is going to walk us through some of the employee benefit and labor and employment related matters. Mark? J. MARK POERIO: Yeah, thank you, very much. Yeah, I didn't get a pen today for being ...

Recorded on: Mar. 3, 2011

GRACE O'HANLON: --O'Hanlon. I'm a program attorney with the Practising Law Institute. It's my pleasure to welcome you to ERISA Fiduciary Investment Basics 2011. A welcome to our group cast and webcast attendees as well. It's my pleasure to introduce the co-chairs of today's program, Michael Albano and Howard Pianko. Michael is a partner in Cleary, Gottlieb, Steen and Hamilton's New York office. His practice focuses on executive compensation, corporate ...

Recorded on: Mar. 5, 2013

Taken from the briefing ERISA Controlled Group Liability for Private Equity Funds: Fully Covered or Over Exposed? recorded February, 2013. The presentation will focus on the court and administrative decisions addressing whether ERISA's controlled group liability provisions expose investment fund assets (including minority investments) to the pension plan liabilities of distressed portfolio companies. Lecture Topics [Total Time: ...

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: Aug. 8, 2013

ANDREW ORINGER: OK, we're going to move on now to a panel and a topic that I really like. I think it is an area that is not avoided but missed by too many non litigation ERISA counselors and practitioners. And that is the area of ERISA litigation. I've always taken a real interest in the cases. I just like them, I like the area, I like reading what judges have to say, I like listening to litigators talk about the cases. It's a very different perspective. ...

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. 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: 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: 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, 2013

ANDREW ORINGER: So we're going to pick up now with another area that is not necessarily technically ERISA, but clearly has become an area that ERISA lawyers focus on extensively. And we talked a little bit at the very beginning of the first session how the practice has moved away from technical code qualification into things like executive compensation and investment management while still worrying about the technical rules. ERISA does apply to various ...

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. ...

From the program: Hot Issues in Executive Compensation 2013

Released on: Oct. 22, 2013

As the economy shifts and the legislature, SEC and shareholders respond, the design, implementation and disclosure of executive compensation undergoes continual change. At this program, experts in the area - from major corporations, the SEC, the IRS and shareholder activist groups, as well as from leading law, and consulting firms - will lead you through the emerging best practices and the current reactions to the changing landscape.Lecture ...

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 ...

Recorded on: Aug. 14, 2013

AMY: It's my pleasure to turn this briefing over to Larry Kagney. Larry, are you there? LAWRENCE K. CAGNEY: Yes, I am, Amy. Sorry. We have a lot to discuss. We have two senior executives here from the PBGC who are going to enlighten us on developments in the PBGC's early warning program, and how they're dealing with a number of issues, particularly leveraged buyout transactions. In the materials, you likely have seen that there is a pension investment ...

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 ...