On-Demand Learning

ERISA

This Year

Recorded on: Aug. 8, 2013

ANDREW L. ORINGER: OK, Thank you. Welcome back. Hope everyone had a nice lunch. We're going to pick up now with 401(k) plans. I think this is an extremely important presentation as we sort of talked about earlier. I think that American retirement policy has really gone from the traditional classic defined benefit plan to now focusing on, oddly enough, the employee funded 401(k) plan with no guarantee. And that is the center. And that all worked really ...

From the program: ERISA: The Evolving World 2013

Released on: Aug. 20, 2013

A working knowledge of the Employee Retirement Income Security Act’s (ERISA) framework is crucial for lawyers, HR practitioners and other professionals in the area of employee benefits and compensation planning. Our experienced faculty of leading practitioners will discuss a broad array of topics, including the basic regulatory framework, the types of plans covered, the requirements for intended tax treatment, fiduciary responsibilities and other ...

Recorded on: Aug. 8, 2013

ANDREW L. ORINGER: OK. Welcome back-- to some of you. As we sort of wind down here, this is a panel-- sort of a multifaceted panel. The different parts of this panel don't really integrate tightly. To me, this is really interesting and I think very valuable because these are sort of the other things, or the sub-specialties that ERISA lawyers deal with. And I think it's really important to try to, almost as a survey matter, to go through them and ...

Recorded on: Apr. 10, 2013

GRACE E. O'HANLON: It's my pleasure to introduce you to the co-chairs of today's program. Arthur Kohn And Howard Pianko. Arthur is a partner in Cleary, Gottlieb, Steen, and Hamilton's New York office. His practice focuses on compensation and benefit matters, including executive compensation, pension compliance, and investment employment law, and related matters. Howard is a partner in Seyfarth Shaw's New York office. He advises plan investors on ...

From the program: Pension Plan Investments 2013: Current Perspectives

Released on: Apr. 16, 2013

Experienced practitioners in the area of pension investment law, together with senior representatives of the Department of Labor, will give their perspectives and illuminate issues on current topics and recent developments. Continued statutory, regulatory, and market changes ensure a full agenda of new developments to be debated and analyzed by the panelists. The Dodd-Frank financial reform legislation brought a new regulatory structure for pension ...

From the program: California Employment Law Update 2013

Released on: Sep. 24, 2013

PLI’s California Employment Law Update addresses the issues confronted by employment law advisers, litigators and human resources management and professionals, with particular emphasis on California State law considerations. This program combines a comprehensive review of case law and regulatory developments, an in-depth analysis of emerging issues, and practical guidance about best practices to maximize employment law compliance, mitigate legal risk ...

Released on: Oct. 22, 2013

Taken from the briefing Chapter 9 - Recent and Possible Future Developments in Chapter 9 in Light of the Detroit, Jefferson County, Stockton and Other Cases recorded October, 2013.While the country has not been beset by the flood of municipality bankruptcies that some have predicted, during the last five years, Detroit, Jefferson County, Alabama, and three significant California cities (populations of approximately 300,000, 215,000 and 130,000) ...

Recorded on: Apr. 10, 2013

SPEAKER: No break. There is no break. At the risk of my getting shot let me, on that note, introduce the panelists who are coming up. So do we have the panelists who are coming out? SPEAKER 2: Uh no. You're right here. You're going to be right here. SPEAKER: Alicia? SPEAKER 2: I will find her. Alicia is She's coming. She's here. SPEAKER: OK. So as I indicated earlier, our next panel is going to discuss in greater depth some of the issues that ...

Recorded on: Apr. 10, 2013

HOWARD PIANKO: We're going to switch over. There was some allusions, actually direct references to the prior panel to the world of defined contribution plans. And the next panel-- Patricia Kuhn from BlackRock on my right. Then right next to her-- Nick Waddles from Seyfarth. And we're going to switch over to the defined contribution world and look at the developments-- things that we're seeing from the ERISA fiduciary prospective with respect to DC ...

Recorded on: Aug. 8, 2013

ANDREW L. ORINGER: OK, so welcome back. As I said before the break, we're going to head into some procedural matters to take us through the end of the day. You've had a lot of information thus far, and hopefully you're absorbing that. Our next speaker is my dear friend and former colleague, Ken Raskin. We were together at White & Case, and he is now at King & Spalding. We've actually both moved on. He is the partner and chair of the employee ...

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: 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, 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: 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 ...

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 ...

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: Aug. 8, 2013

ANDREW L. ORINGER: OK, so we're now going to go into the last hour, which is going to have two presentations. The first, as I mentioned a moment ago, is I think just a really, hopefully interesting presentation for you all, which is we've talked a little bit about the evolving role of the ERISA lawyer. Which from my perspective is really the big firm evolving role. We talked about how there are other roles. We talked about how there are other kinds ...