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Ethics and Privilege Issues Under ERISA
Monday, June 25, 2012 from 10:00 AM to 11:30 AM (PDT)
Palo Alto, CA
This 90-minute webinar will review some of the unique and recurring ethical issues that ERISA practitioners face, such as conflicts of interest, attorney-client privilege issues and exceptions and litigation scenarios, and provide practical solutions.
Why Should You Attend:
Several federal courts have labeled ERISA fiduciary duty as “the highest duty know to the law.” Additionally, ERISA imposes personal liability on ERISA fiduciaries. ERISA authorizes lawsuits by a plan participant, beneficiary, trustee, plan administrator, co-fiduciary, and the U.S. Department of Labor. The stakes are high and the law is different than almost any other.
An attorney working with employee benefit plans subject to the Employee Retirement Income Security Act of 1974 (“ERISA”) must adhere to all of the same ethical rules that apply to every other attorney. However, ERISA practitioners face some unique and recurring ethical issues. Moreover, the attorney-client privilege and work product doctrine operate differently in the area of ERISA plans, where the attorney’s client may not be who he or she thinks it is.
Areas Covered in the Seminar:
- Basic Ethical Duties Owed to Clients: Loyalty and Confidentiality.
- Conflicts of Interest.
- Entity Representations: Corporations, plan committees, plans.
- Attorney-Client Privilege Issues.
- The “ERISA Fiduciary Exception” to the attorney-client privilege.
- Work Product Doctrine.
- Special issues for in-house counsel.
- Recurring issues and litigation scenarios.
When & Where
At ComplianceOnline, we are focused on :
- Enhancing global compliance, creating a world where quality and compliance professionals, regulators, and government agencies come together to help the world comply with the intent and the spirit of laws, policies and mandates, ensuring continuous improvement in global operations, quality & safety.
- Making sure that we are responsible corporate citizens helping our constituents build a more responsible enterprise, one which operates with high quality , under a code of ethics, and with process discipline to ensure greater shareholder returns.
- Keeping things simple and straight forward , so that we all can indeed improve the quality of our processes, our work, our businesses and enhance compliance globally.
- Being inclusive, giving the process experts ( & novices! ), compliance professionals, quality champions, and regulatory agencies a voice so that all of us can contribute and make a difference.