Recorded September 12, 2017
Evaluating Fiduciary Risks and Litigating Alleged Breaches by Investment Committee Member
This CLE webinar will provide ERISA counsel, in-house corporate counsel, and plan sponsor decisionmakers with the tools to structure and implement appropriate investment committee policies and procedures. Our multi-disciplinary panel will provide best practices for selecting and training investment committees, techniques for vetting fiduciary risks and strategies for litigation.
One of the best techniques a plan sponsor can implement to mitigate fiduciary risk is the installation of an effective investment committee. Sponsors must take care in establishing protocols to ensure committees operate within strict ERISA standards and employ robust fiduciary practices.
Attendees will benefit from a discussion of risk mitigation approaches that have the potential to help lower the likelihood of breach of fiduciary duty allegations. This program will also address effective litigation strategies, the importance of fiduciary liability insurance, and the role of the economic expert in the event of litigation, arbitration, mediation and/or regulatory enforcement actions.
Listen as our authoritative panel discusses the importance of appropriate and effective investment committee governance. Our panel will review best practices with respect to training and selection of committee members, the relationship between investment committee governance and ERISA fiduciary liability insurance coverage, and litigation techniques, as applicable.
- Importance of investment committee governance
- Investment committee best practices
- Vetting investment fiduciary committee risks
- Selecting investment committee members
- Conflicts of interest
- Litigating alleged breach of fiduciary duty claims
The panel will review these and other key issues:
- What are the ERISA regulations with which investment committees must comply?
- How should plan sponsors vet fiduciary risks when selecting an investment committee?
- What litigation techniques can be implemented to minimize the likelihood of a finding of breach of fiduciary duty by an investment committee?
- What is the role of the economic expert in assessing investment committee performance and investment monitoring, post-Tibble?
- What is the role of ERISA fiduciary liability insurance?
Dr. Susan Mangiero, Managing DirectorFiduciary Leadership, Trumbull, Conn.
Dr. Mangiero a CFA® charterholder, certified Financial Risk Manager, Accredited Investment Fiduciary Analyst®, Certified Fraud Examiner and Professional Plan Consultant™. She has provided testimony and behind-the-scenes forensic analysis, calculation of damages and rebuttal report commentary for various investment governance, investment performance, fiduciary breach, prudence, risk and valuation matters. Dr. Mangiero has over 20 years of experience in capital markets, global treasury, asset-liability management, portfolio management, economic and investment analysis, derivatives, financial risk control and valuation. She is a frequent keynote speaker and has led workshops for numerous organizations.
Rhonda Prussack, Head of Fiduciary and Employment Practices LiabilityBerkshire Hathaway Specialty Insurance, New York
Ms. Prussack is Head of Fiduciary and Employment Practices Liability at BHSI. She has 25 years of insurance industry experience, and has developed and brought to market state-of-the-art fiduciary liability policy forms and innovative coverages for corporations, organized labor, municipalities, and nonprofits. Ms. Prussack has written articles for and been quoted in many publications, and is a frequent speaker at ERISA and executive liability seminars around the U.S. and Canada.
Emily Seymour Costin, PartnerAlston & Bird, Washington, D.C.
Ms. Costin focuses her practice on the defense of employment and employee benefits disputes and counseling employers, plan sponsors and fiduciaries on litigation avoidance strategies. Ms. Costin represents plan sponsors, insurers and fiduciaries in litigation over claims for benefits and breach of fiduciary duty under ERISA. She is the Chair of the ABA TIPS Employee Benefits Committee and a member of the ABA’s Joint Committee on Employee Benefits.
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