Plan and Corporate Governance:  Rethinking the Roles of Officers and Directors

Tuesday, May 10, 2005

A 90-minute TeleConference/Live Audio Webcast

1:00-2:30 pm ET / 12:00-1:30 pm CT / 11:00 am-12:30 pm MT / 10:00 am-11:30 am PT

There has been an explosion of litigation over responsibilities of officers and directors as fiduciaries of ERISA plans, particularly with respect to plan investments in company stock. Plan sponsors and plan fiduciaries have begun rethinking these roles. This program will examine why officers and directors currently act as ERISA fiduciaries and alternative governance structures that can reduce or eliminate these risks, while still performing their responsibilities under corporate law and ERISA.

TOPICS:    

·  Corporate settlor versus plan fiduciary decisions

· Liability exposure of officers and directors who serve as ERISA

·  Obligations of officers and directors under corporate law for compensation and benefits decisions

·  Corporate controls versus ERISA duty to monitor

·  Why officers and directors have been fiduciaries and whether they should continue this role

·   Special problems of plan investments in company stock-- the conflict issues and the inside information quandary

 ·  Plan and corporate governance best practices

Moderator: 

Nell Hennessy, Fiduciary Counselors Inc., Washington, DC

Speakers: 

Mary Ann Jorgenson, Squire Sanders & Dempsey, LLP, Cleveland, OH

Robert Rachal, Proskauer Rose LLP, New Orleans, LA

John Utz, Utz & Miller LLC, Overland Park, KS 

***Checks should be made payable to ABA-JCEB and mailed to 740 15th Street, N.W., Washington, DC  20005.***

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