Discharging Fiduciary Duties and Limiting Fiduciary Liability

Recording of a 90-minute CLE webinar with Q&A

Conducted on Thursday, August 8, 2013

Recorded event now available

This CLE webinar will provide an overview for counsel on key regulatory and litigation developments impacting the scope of fiduciary duties in selecting and replacing plan investment funds and providing plan fee disclosures. The program will also provide practical advice for plan sponsors and providers in discharging their fiduciary duties and limiting fiduciary liabilities.

Description

Regulatory and litigation developments in fiduciary duties for plan investments and disclosures have been plentiful recently. DOL proposed regulations broadening the scope of fiduciary duties for persons providing investment advice and recommendations to ERISA covered retirement plans may be expected later in 2013

DOL and SEC have been focusing on target date funds, and DOL recently released informal guidance to assist fiduciaries in selecting and monitoring these funds in participant-directed individual account plans. Fiduciaries should adopt prudent processes including to address potential risks when they review or replace plan funds or designate QDIAs.

ERISA Section 404(c) safe harbors can help to insulate fiduciaries and sponsors from liability for losses in participant-directed investments. Circuits are split in their interpretation of the safe harbors, and the Ninth Circuit recently issued its Tibble decision, deferring to the DOLs interpretation .

Listen as our authoritative panel of ERISA attorneys guides you through the legal developments in fiduciary duty with respect to selecting and replacing plan investment funds and providing plan fee disclosures. The panel will provide practical advice for plan sponsors and providers in discharging their fiduciary duties and limiting fiduciary liabilities, including Section 404(c) safe harbor compliance.

Outline

1. Fiduciary duties for providers and sponsors
2. Plan investments (target date, stable value funds and qualified default investment alternatives)
3. Developments in fee disclosure rules
4. Safe harbor retirement plans: Section 404(c)
5. Key case law developments

Benefits

The panel will review these and other key questions:

Lisa H. Barton. Partner

Michael B. Richman. Of Counsel

Lindsay B. Jackson

Ordering

On-Demand CLE — Streaming Audio

Our best recorded option for CLE accreditation. Includes recorded streaming audio of full program plus PDF handouts.

Strafford is an approved provider and can request CLE credit for On-Demand programs in the following states. (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

AK, AZ, CA, CO, DE, FL, GA, HI, IA, ID, IL, IN*, KY, LA, ME, MN, MO, MT, NC, ND, NH**, NJ, NM, NV, NY*, OH*, OK, OR, PA, SC, TN, TX, UT, VA, VT, WA, WI, WV, WY

*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible — contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in the following states. (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)