Chair: Greta E. Cowart, Haynes and Boone LLP, Dallas, TX
8:30am Opening Remarks by the Chair.
8:35am Fiduciary Exposure: Litigation and other Trends. Panel
will analyze developments that may increase or
mitigate fiduciary liability, including plan expenses,
fund performance, and plan provisions. Moderator:
James R. Raborn, Baker Botts LLP, Houston, TX.
Panelists: T. David Cowart, Jenkens & Gilchrist a
Professional Corporation, Dallas, TX; Helen
Morrison, Deloitte Tax LLP, Chicago, IL; Rene`
Thorne, Proskauer Rose LLP, New Orleans, LA.
9:30am The Latest Twist on 409A. The panel will discuss the
latest guidance on Code section 409A, including the
tax and withholding guidance and the final
regulations (if issued). The panel will explore design
and drafting opportunities that remain. Moderators:
John L. Utz, Utz Miller & Kuhn LLC, Overland Park,
KS; Carol A. Weiser, Sutherland Asbill & Brennan
LLP, Washington, DC. Panelists: Daniel L. Hogans,
Attorney Advisor, Office of Benefits Tax Counsel,
Department of Treasury, Washington, DC; Stephen
B. Tackney, Attorney Advisor, Office of Chief
Counsel, IRS, Washington, DC; Linda Wilkins, Locke
Lidell & Sapp, Dallas, TX; Max Schwartz, Sullivan &
Cromwell LLP, New York, NY.
10:30am The New World of Proxy Disclosures: Understanding
and Complying with the New SEC Rules for Proxy
Statements. With proxy season in full swing, the
panel intends to focus on some of the more
troublesome questions being faced by issuers in this
first season under the new proxy rules. Issues to be
discussed include drafting the Compensation
Discussion and Analysis, determining what must be
disclosed, and how and where to disclose it.
Moderator: David E. Gordon, Clark Consulting/Pearl
Meyer & Partners, Los Angeles, CA. Panelists:
Pamela Baker, Sonnenschein Nath & Rosenthal LLP,
Chicago, IL; Mark A. Borges, Mercer Human
Resource Consulting, Washington, DC; Deborah
Walker, Deloitte Tax LLP, Washington, DC; David M.
Lynn, Chief Counsel, Division of Corporate Finance,
United States Securities and Exchange Commission,
Washington, DC.
