On-Demand Learning

ERISA

Past 12 Months

Recorded on: Aug. 8, 2012

ANDREW ORINGER: Welcome back, everybody to the second half of day one. We've done some of the technical underpinnings of tax qualified plans in the morning. We've done an overview and some specific technical rules. We're not going to go to specific kinds of plans. We're going to talk about things like 401(k) plans, defined benefit plans, and plans that invest in stocks. We're going to start with 401(k) plans. I really do think it's safe to say at ...

From the program: ERISA: The Evolving World 2012

Released on: Aug. 21, 2012

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Recorded on: Oct. 5, 2012

LINDA: While Marc and Jeannemarie argue about who's going to go first, let me introduce the next panel. I think you're all familiar with Marc, and he's agreed to speak to the bankruptcy issues involved in compensation. And Jean Marie, we're pleased to have her back with us again to talk about M&A implications in competition and vice versa. She's a partner in the New York law firm of Wachtell Lipton. And has the decision been made who's going to ...

From the program: Hot Issues in Executive Compensation 2012

Released on: Oct. 18, 2012

As the economy shifts and the legislature, SEC and shareholders respond, the design, implementation and disclosure of executive compensation undergoes continual change. In 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 ...

Recorded on: Oct. 5, 2012

MARC R. TREVINO: Thanks for sticking with us. This will be Advising the Board and the Compensation Committee. I'm really looking forward to this. We have Linda, who you all know. Introducing themselves, to my right is Steve Bigler from Richards, Layton, and Finger. He's been here many times before, providing us background on what's going on in Delaware. And then, David Engvall from Covington and Burling, I think, will start us off, if I understand ...

Recorded on: Aug. 8, 2012

ANDREW L. ORINGER: welcome back. Hope everybody had a nice lunch. We're going to start now with a portion of the program that I really sort of like. I think that Andy and I struggled a little bit with the multifaceted nature of the practice. And we try to provide a strong introduction to the basic principles. Then we try to provide certain targeted sessions, M&A and the like, to try to show how things work in practice. But there's so many different ...

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 2012

Released on: Sep. 21, 2012

PLI’s California Employment Law Update addresses the issues confronted by employment law advisers, litigators and human resources management and professionals. This program combines a comprehensive review of a broad range 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 and achieve business objectives. The ...

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: Oct. 5, 2012

LINDA RAPPAPORT: All right, everybody. Are we good to go? OK. We're going to start our next session now. So if the people in the room could take your seats, it would be great. I'm going to briefly introduce our next speaker as we're very pleased to have them here to discuss clawback design and the ins and outs of clawbacks. We started talking a little bit about them in the morning. So I'm interested to do a deep dive here. Rosina Barker, who's directly ...

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, 2012

ANDREW GAINES: We're going to get started. With the last group presentations this afternoon, we're going to continue to cover some of the basics regarding qualified plans. We're going to shift gears a little bit now. We've talked about a lot of the rules relating to being a qualified plan. We're going to talk now about the process of actually procuring a letter from the IRS that gives you comfort that the words in your plan document satisfy those ...

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: 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: 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, 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: 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 ...