DOL Investigations of Employee Benefit Plans: Responding to Enforcement Actions, Audits, and Settlements

Strafford

This CLE course will prepare employee benefits counsel to represent plan fiduciaries and sponsors facing Department of Labor (DOL) investigations or lawsuits. Our experienced panel will discuss how to navigate the investigation process, offer practice pointers on working with the Employee Benefits Security Administration (EBSA) investigators, discuss strategies for determining and implementing corrective action, and offer insights into entering into a settlement agreement with EBSA or with the DOL's Solicitor's Office if referred for litigation.

Description

EBSA is responsible for overseeing ERISA-regulated employee benefit plans, and it continues to ramp up investigations and enforcement actions. EBSA conducts civil and criminal investigations and has the authority to refer cases to other government agencies such as the IRS, SEC, PBGC, or U.S. Attorney's Office.

Investigations can drag on for months or years once a plan sponsor or fiduciary is the target of an inquiry. Benefits counsel must carefully examine the agency's claims, identify and collect extensive documentation, and create an investigation strategy to resolve the agency's allegations and foreclose further action.

Counsel must also decide whether or not to enter into a settlement agreement and the cost of remedial measures.

Listen as our expert panel shares their experiences in representing plan fiduciaries and sponsors facing EBSA investigations. The panel will discuss how to navigate the investigation process, offer practice pointers on working with EBSA investigators, discuss strategies for determining and implementing corrective action and deciding whether to enter into a settlement agreement with EBSA, and discuss strategies if a matter is referred for litigation to the DOL's Solicitor's Office.

Outline

1. Overview of DOL/EBSA regulatory scheme and enforcement initiatives
2. Best practices for responding to investigations and audits
3. Working with auditors and investigators
4. Corrective action and settlements

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