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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
Enron Part One: Officer
and
Director Liability for
Employer Stock Investments
A 90-minute Teleconference / Audio
Webcast
Tuesday, December
2, 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. #JCEBT031202EN1A
The stock market downturn and claims of
corporate fraud have led to an explosion of cases claiming
that ERISA fiduciaries breached their fiduciary duties regarding
401(k) and ESOP investments in employer stock. The first round
of cases have come out - with decidedly mixed results for
both plaintiffs and defendants. The extent of fiduciary duties
regarding investments in employer stock remains very much
up in the air. In this Part One of two teleconferences dealing
with Enron, hear from leading practitioners and the DOL on
these cutting-edge issues. Look for Part Two in January.
Topics Include:
- What is the scope of a director's duty to monitor
appointments?
- What steps can employers and fiduciaries take to
lessen their exposure?
- How are the courts handling potential conflicts
between securities law and ERISA?
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- Is there a fiduciary duty to…
- Investigate
potential fraud or corporate misfeasance?
- Correct
or supplement SEC filings distributed to participants?
- Should a fiduciary override plan terms requiring
investment in employer stock?
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Moderator
Elizabeth Hopkins, U.S. Department of Labor, Counsel
for Appellate and Special Litigation, Washington, DC
Speakers
Jim Raborn, Baker Botts LLP, Houston, TX
Howard Shapiro, Shook, Hardy & Bacon LLP, New Orleans,
LA
Jeffrey G. Lewis, Lewis & Feinberg PC, Oakland,
CA
Lynn L. Sarko, Keller Rohrback, LLP, Seattle, WA
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