Why you should attend
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 investment activities in the derivatives markets that raises substantial uncertainties for a broad group of investment products and compliance issues for plan fiduciaries. Keeping abreast of these developments and staying current on new ERISA case law, enforcement actions, and ordinary course investment practices is critical.
What you will learn
- Department of Labor perspectives on developments relating to prohibited transaction exemptions, and compliance and litigation priorities
- Legislative and regulatory developments, including developments concerning pension plan transactions in derivatives; fiduciary status; the provision of services; and reporting requirements
- Current investment fund issues, including structuring a plan asset hedge fund
- Conflicts and the use and utility of information barriers
- 401(k) plan investment and administration issues
- Core financial institution issues
Who should attend
Please plan to arrive with enough time to register before the conference begins. A networking breakfast will be available upon your arrival.
Morning Session: 9:00 a.m. - 12:45 p.m.
9:00 A Look-back: Department of Labor, Prohibited Transaction Issues and Perspectives
- A discussion of prohibited transaction exemption developments with Ivan Strasfeld, former Director of the Office of Exemption Determinations
- Practitioners’ Q&A session
James S. Frazier, Melanie Franco Nussdorf, Ivan Strasfeld
10:00 Current Fiduciary Issues
The panel will provide an in-depth review of new and recurring issues in fiduciary responsibility, including:
- Status as a fiduciary:
- Does exercise of contractual counterparty rights make a financial intermediary a fiduciary?
- The state-of-play concerning investment advice
- Section 406(b)(1) analytics:
- Does “self-dealing” imply scienter or are there “per se” prohibitions of the self-dealing rule?
- Current transactional issues:
- Fiduciary issues in pension “de-risking” transactions
- Incentive fees: drawing outside the advisory opinion lines
Laura E. Bader, Peter Haller, Alicia C. McCarthy, Alan S. Wilmit
11:30
Networking Break
11:45
DC Plan Developments
- Revenue sharing and revenue credits
- Annuitizing DC plan benefits
- The brokerage window controversy
- Section 408(b)(2) reporting
- Stable value fund trends and issues
Patricia Anne Kuhn, Nicholas J. Waddles
12:45 Luncheon Presentation
Associate Solicitor Timothy D. Hauser from the Division of Plan Benefits Security, U.S. Department of Labor, will provide an overview of current
enforcement priorities
Afternoon Session: 1:45 p.m. - 5:00 p.m.
1:45 ERISA Litigation Review
- Current DOL enforcement and litigation issues
- Summary of case law developments
Shannon Barrett, Karen L. Handorf, Timothy D. Hauser
2:45 Update on Regulatory Reform
- Overview of business conduct rules
- Avoiding fiduciary status for Special Entities
- Documentation issues for swaps and repos
- Clearing and trading on exchanges
Mary E. Alcock, John W. Valentine, Suzzanne Yao
3:45 Networking Break
4:00 Ethical Considerations
Ethical issues for in-house ERISA lawyers and plan sponsors, including:
- Attorney-Client Privilege
- Potential Conflicts of Interest: Participant Lawsuits
- Document Retention
Liza M. LeAndre, Howard Shapiro
5:00 Adjourn
Co-Chair(s)
Speaker(s)
Peter Haller ~ Director and Counsel, Head, Regulatory Advisory Group, Bank Regulatory Executive Compensation and ERISA, Credit Suisse Securities (USA) LLC
Timothy D. Hauser ~ Associate Solicitor, Division of Plan Benefits Security, U.S. Department of Labor
Alan S. Wilmit ~ Managing Director & Associate General Counsel -- Legal Director, ERISA and Benefits, Goldman, Sachs & Co.
Suzzanne Yao ~ Vice President and Associate General Counsel, Goldman, Sachs & Co.
Program Attorney(s)
New York City Seminar Location
PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, New York 10019. Message Center, program days only: (212) 824-5733.
New York City Hotel Accommodations
The New York Hilton & Towers1335 Avenue of the Americas, New York, NY 10019. 1 block from PLI Center. Reservations 1-800-HILTONS or, 1-877-NYC-HILT. Please mention that you are booking a room under the Practising Law Institute Corporate rate and the Client File # is 0495741. You can also
make reservations online to access Practising Law Institute rates.
The Warwick New York Hotel, 65 West 54th Street New York, NY 10019. 1 block from PLI Center. Reservations 800-223-4099 or, hotel direct 212-247-2700. Please mention that you are booking a room under the Practising Law Institute Corporate rate. Reservations on line at www.warwickhotelny.com Click reservations in menu bar on left. Select desired dates. In 'Special Rates' drop down window select Corporate Rate. In 'Rate Code' enter PLIN. Click search and select desired room type and rate plan. Or, you may email reservation requests to: res.ny@warwickhotels.com
Sheraton New York Hotel & Towers, 811 7th Avenue, New York, NY 10019, 1-800-325-3535 or (212) 581-1000. When calling, please mention Practising Law Institute and mention SET#311155. You may also book
online.
PLI's live programs are approved in all states that require mandatory continuing legal education for attorneys, except Arizona. Please be sure to check with your state for details.
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Special Note: In New York, newly admitted attorneys may receive CLE credit only for attendance at "transitional" programs during their first two years of admission to the Bar. Non-traditional course formats such as on-demand web programs or recorded items, are not acceptable for CLE credit. Experienced attorneys may choose to attend and receive CLE credit for either a transitional course or for one geared to experienced attorneys. All product types, including on-demand web programs and recorded items, are approved for experienced attorneys.
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