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  • A Bi-Monthly Electronic Publication for Section Members
  • August 2009

Group and Committee News: Trust & Estate

Employee Benefit Plans and Other Compensation Arrangements Group

he Employee Benefit Plans and Other Compensation Arrangements Group will host two critical programs at the Joint Fall CLE Meeting of the ABA Section of Real Property, Trust and Estate Law and the ABA Section of Taxation to be held in Chicago on September 24 - 26, 2009:

ERISA Fiduciary Process, September 25 at 10:00 a.m.

The Employee Benefit Plans and Other Compensation Arrangements Group will host "ERISA Fiduciary Process - Moving Beyond a Pure Heart and Good Intentions to Rigorous Due Diligence" from 10:00 a.m. - 11:30 a.m. on Friday, September 25, 2009. A distinguished panel will discuss selected key fiduciary issues of particular concern to in-house counsel and outside counsel, consultants and service providers advising plan sponsors and fiduciaries.

Topics covered will include:

  • Governance and process concerns for ERISA fiduciaries involving delegation from the Board of Directors and Plan Administrator to other fiduciaries or ministerial personnel, and who should be appointed to administrative and investment committees;
  • Processes an ERISA fiduciary should follow when reviewing documents or determining actions to take;
  • When to use an independent fiduciary;
  • Fiduciary considerations for welfare plans;
  • Reviewing plan expenses and investments, including employer stock investments; and
  • Monitoring investment advisors and managers post-Madoff.

The Program is of special interest to in-house lawyers and those advising on governance matters.

Panelists will include: Richard I. Loebl, Seyfarth Shaw LLP, New York, NY; Peter M. Kelly; Blue Cross Blue Shield Association, Chicago, IL; David L. Heald, Consulting Fiduciaries, Inc., Northbrook, IL; and a representative from the U.S. Department of Labor.

Technology Issues for Tax Attorneys and their Clients

The Employee Benefit Plans and Other Compensation Arrangements Group's stand alone program on "Technology Issues for Tax Attorneys and their Clients" scheduled from 2:30 p.m. - 4:00 p.m. on Saturday, September 26, 2009, will address emerging technology issues and opportunities for tax and employee benefit practitioners and their clients.

The program will feature a panel discussion about:

  • Tools, anti-virus, encryption and other technology practice aids and tools to help ERISA and tax practitioners improve their practice;
  • IRS, DOL and other rules impacting opportunities for employers and employee benefit plan administrators to use electronic communications to reduce employment and employee benefit plan communication expenses;
  • Electronic communications with government agencies and the need to be prepared to provide electronic records for tax audits;
  • FACTA, HIPAA and other personal information privacy and data security considerations; and more.

Speakers will include: Catherine Sanders Reach, American Bar Association, Chicago, IL; Cynthia Marcotte Stamer, Curran Tomko Tarksi LLP, Dallas, TX; Joy M. Mercer, Joy M. Mercer, PC, Florham Park, NJ; Frank Palmieri, Palmieri & Eisenberg, Alexandria, VA; and Danny A. Martin, Jr., Shell Oil Company, Houston, TX.

For additional information or to register for the Fall Meeting click here.

In addition to its programs at the Fall Meeting, the Group will host its next quarterly conference call on October 21 at 12:00 Central, 1:00 p.m. Eastern:

October 21, 2009 Quarterly Conference Call

The Employee Benefit Plans and Other Compensation Arrangements Group also hosts a complementary quarterly conference call. on the third Wednesday of each quarter (January, April, July and October. The next conference call will be Wednesday, October 21, 2009 at 1 p.m. Eastern time and will be conducted by the Fiduciary Responsibility Committee.



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