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ABA
Joint Committee on Employee Benefits
The Sections of Business Law, Health Law, Labor and Employment
Law,
Real Property, Probate and Trust Law, Taxation and Tort Trial
and Insurance Practice
and The American College of Employee Benefits Counsel Present
DOL Positions in the Enron Litigation:
What Do They Mean for
Plans and Plan Fiduciaries?
A 90-minute Teleconference / Audio
Webcast
Thursday, March 27,
2003
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
This program has
already taken place.
Audiotapes are available for $150.
For ordering information, contact Nancy Matthews at matthewsn@staff.abanet.org
or (202) 662-8640.
Ref. #JCEBT030327DOLA
The DOL set forth aggressive, far-reaching
positions in its August 2002 brief filed in the Enron ERISA
litigation. Directors, officers, plan committee members, and
plan trustees must be aware of the DOL's view on their proper
roles regarding plan investments, including in particular
plan investments in employer stock.
Topics Include:
- What is the scope of a director's duty to monitor
plan fiduciaries?
- What triggers fiduciary duties to investigate and
alert regarding potential fraud or corporate misfeasance?
- When does ERISA impose affirmative duties to disclose
regarding business and financial information?
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- Can the corporate form shield fiduciaries from personal
liability?
- When should a fiduciary override plan terms requiring
investment in employer stock?
- When should a directed trustee override fiduciary
directions?
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Moderator
Elizabeth Hopkins, Department of Labor, Counsel for Appellate and
Special Litigation, Washington, DC
Speakers
Marc Machiz, Cohen, Milstein, Hausfeld & Toll (former Associate
Solicitor, DOL, representing plaintiffs in several pending employer
stock cases), Washington, DC
Robert Rachal, Shook, Hardy & Bacon LLP (defending employers and
fiduciaries in several pending employer stock cases), New Orleans, LA
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