Overview

We provide fiduciary counseling to plan sponsors, boards of directors/trustees, administrative and investment committees, claims and appeals committees, and other retirement plan and health and welfare service providers across the United States. At the table every day with corporate boards and committees, we have a front-row view of the issues facing and solutions being implemented by a wide variety of plan sponsors and service providers across the country, and we are able to identify emerging trends and best practices.

Our services include:

  • Fiduciary structure and governance
  • Fee disclosure rules
  • Health, welfare and retirement plan service provider agreements
  • Government audits and enforcement actions
  • Noncash employer contributions
  • ERISA Section 404(c) compliance
  • Nonmutual fund investments
  • Benefit claims and plan administration
  • Participant communications
  • Prohibited transaction exemptions
  • Government correction programs
  • Breach of fiduciary claims

Consistently recognized in national publications as leaders in our field, we stay at the forefront of fiduciary issues and practices. Our ERISA trial lawyers are active in shaping case law, and our benefits lawyers frequently speak at national and regional conferences, publish articles and newsletters on recent developments, and consult with individuals involved in the regulatory and legislative process – all with a sharp focus on client needs.

Experience
Representative Experience
  • Fiduciary structure. Providing advice regarding the establishment and operation of an appropriate fiduciary structure and framework. We help fiduciaries prepare and maintain documentation that outlines their powers and duties, as well as delegated duties and responsibilities.
  • Governance. Assisting in the establishment and implementation of processes and procedures designed to help fiduciaries comply with and satisfy their duties and responsibilities.
  • Fiduciary training and education. Providing fiduciary training and education, as well as regular updates to help fiduciaries stay abreast of new laws, regulations and the implications of court decisions.
  • Fee disclosure rules. Communicating updates and advice on compliance with the new U.S. Department of Labor (DOL) fee disclosure rules.
  • Retirement plan service provider agreements. Assisting with the review and negotiation of contract terms and conditions relating to retirement plans, including trust, recordkeeping and fee agreements, and insurance and investment contracts. We also assist with requests for proposals from new and existing retirement plan service providers.
  • Health and welfare plan service provider agreements. Assisting with the review and negotiation of contract terms and conditions relating to health and welfare plans, including network provider agreements, claims administration service agreements, Consolidated Omnibus Budget Reconciliation Act (COBRA) and flexible spending account (FSA) service agreements, stop-loss policies and other insurance policies.
  • Plan documentation requirements. Drafting and/or reviewing plan documents, summary plan descriptions, plan amendments and related participant communications designed to help fiduciaries meet their obligation to ensure that plan documents and participant communications are accurate and legally compliant.
  • Plan administration. Tracking and applying plan administration requirements and advising on how to correct administrative errors under Internal Revenue Service (IRS) and DOL guidelines.
  • Prohibited transaction exemptions. Preparing applications for prohibited transaction exemptions. We have obtained exemptions in cases involving plan investments in limited partnerships and other illiquid investments, real estate and employer stock.