American Bar Association
 
Fiduciary Responsibility, Administration, and Litigation Committee

Fiduciary Responsibility, Administration, and Litigation Committee

Mission

This Committee focuses upon responsibility of fiduciaries under ERISA and also reviews issues relating to the administration of employee benefit plans under the Internal Revenue Code and ERISA. The Committee monitors and provides comments to the IRS, DOL, and PBGC with respect to the administration of the employee benefits laws by these agencies, and, as appropriate, prepares reports for publications on matters of interest to practitioners in this area. The Committee also monitors litigation in the employee benefit area and meets periodically to discuss matters of practical significance to its members. The Committee also publishes information for Section members on these topics, and participates in or sponsors CLE programs.

Programs, Meetings and Events

Committee Events

Company Stock Funds and Fiduciary Issues after Fifth Third v. Dudenhoeffer

September 26, 2014

The U.S. Supreme Court recently ruled in Fifth Third v. Dudenhoeffer that the Moench presumption of prudence is dead and that fiduciary decisions relating to company stock funds will be subject to the same standard of review as all other fiduciary decisions. The decision calls for review and revision of fiduciary procedures relating to company stock funds.

Our discussion will be led by:


Lisa Van Fleet, Partner with Bryan Cave LLP


Click here to access Supreme Court Decision

Fiduciary Obligations in the Context of a Data Breach

April 2, 2015

The recent data breach announcements by high profile health plan vendors and insurers present a quagmire of legal and operational challenges for health plan fiduciaries and health plans. This discussion will explore challenges for plan fiduciaries, administrators and sponsors and will include a discussion of the following issues.


  • Who is the fiduciary with responsibility over these matters

  • ERISA fiduciary duties to investigate and respond to breaches

  • Fiduciary obligations in connection with selection of vendors

  • Curtailing data leakage and breach exposure by addressing delegation rights of vendors

  • Interaction with HIPAA, IRC, and other laws

  • Breach notification and ERISA communication duties

  • Operational challenges

Download Meeting Outline

DOL’s Proposed Conflict of Interest Regulations

April 29, 2015

The DOL recently released proposed conflict-of-interest regulations, including the expanded definition of “investment advice,” and a prohibited transaction exemption for “best interest contracts.”


The proposed rule expands the areas of advice that are rendered by ERISA fiduciaries and covers most significantly investment recommendations, investment management recommendations and recommendations of parties who provide advice for a fee or manage plan assets.

There are a number of specific and important carve-outs to the new rule generally intended to address the concerns expressed by the business and financial communities as well as those expressed by a number of Members of Congress. The call will be led by Lisa Van Fleet, Co-Chair, Chuck Thulin, Co-Chair & Lori Oliphant, Vice Chair.

DOL’s Proposed Conflict of Interest Regulations

 
Section Events

    Commercial Real Estate Zoning and Land Use

    05/27/2015-05/27/2015

    The panelists will discuss and explain the most common zoning tools jurisdictions use to regulate land use in their respective communities and how lawyers can work with those tools to achieve clients' goals. Topics will include: * Foundation of zoning and land use policy* A review of the common zoning ...

    The IRS T&E Attack List and How to Defend Against It

    06/02/2015-06/02/2015

    Gift and estate tax returns continue to be closely examined by the IRS. What topics are the IRS most commonly raising in audit? Find an overview of these important issues in this program. Topics our panelists will cover include: Indirect gifts Step transactions Annual ...

    Real Estate Purchase and Sale Agreements – Don’t Forget to Cover These Points!

    06/03/2015-06/03/2015

    Certain issues in the negotiation of commercial real estate purchase and sale agreements tend to be overlooked. Although not gotcha issues, they merit careful review and focus. This program, for both new and seasoned practitioners, will review selected issues that repeatedly arise in the purchase and ...

Newsletters & Publications

LISTSERV Communication

In order to send a message to the listserve, send the message as an email to the address below. You must be a member of the Committee to use the listserve.

RPTE-FIDUCIARY@mail.americanbar.org

In order to access the listserve archive, please click here. Please note that you will need to create a new password, separate from your regular ABA password, in order to use this archive.


more...

Leadership

Co-Chairs:

Thulin, Charles
Van Fleet, Lisa

Vice-Chair:

Oliphant, Lori

Committee Roster  

Modified by Adam Bielawski on April 29, 2015

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