Schedule
Corrections, Filings, and Dealings with Administrative Agencies
David Eckhardt
- Initial response & risk assessment
- Evaluate the inquiry, preserve privilege, and organize the response team
- Handling IRS and DOL interactions
- Key differences in agency focus, process, and communication strategies
- Common issues and corrections
- Frequent compliance failures and use of EPCRS and VFCP, and DOL investigations; identify key priorities of the agencies
- Resolution and penalty mitigation
- Negotiating outcomes, reducing penalties, and preparing for litigation
Employee Stock Ownership Plan (ESOP) Update
Rebecca Greene
- Brief overview of ESOPs
- Why consider an ESOP?
- De-mystifying ESOP compliance
- ESOP trends and hot topics
Break
Department of Labor Developments for Retirement Plans
Steven Grieb
- Understand the implications of the proposed Investment Selection Rule for fiduciary processes
- Help clients comply with changes to the Department of Labor’s electronic disclosure rules
- Assist clients with Department of Labor audits pursuant to new Department of Labor enforcement policies (Field Assistance Bulletin 2026-01
Annual Executive Compensation Update
Martin P. Tierney
- Department of Labor guidance on distinguishing between bonus plans and deferred compensation
- Executive compensation case law update
- Reminder: 162(m) aggregation rule effective 1/1/27
- Pending legislation
Lunch (On Your Own)
Deal or No Deal: Key Employee Benefits & Executive Compensation Issues in M&A Transactions
Kathleen D. Bardunias
- Conducting employee benefits diligence: identifying key risks and how the structure of the transaction impacts ERISA liability
- Drafting and negotiating purchase agreement provisions for employee benefits matters in the transaction
- Managing executive compensation issues in an M&A transaction: equity awards, Code Sections 409A and 280G
- Navigating 401(k) and other retirement plan treatment in an M&A transaction: plan terminations, mergers, and transition periods
- Tackling post-closing employee benefits integration issues
Retention by Design: Integrating Incentives with Restrictive Covenants
Mary Ellen Schill, Nicole Stangl, Morgan Sweeney
- A practical overview of modern employee retention tools, including bonuses, deferred compensation, tuition assistance programs, and more!
- Helpful analyses on how employers can ensure that restrictive covenants tied to retention benefits are enforceable.
- Guidance on structuring agreements to withstand legal scrutiny while protecting business interests after employment ends.
Break
ERISA Case Law Update
John B. Tuffnell
- Latest developments and trends
- Discuss recent Supreme Court decisions
- A discussion of Seventh Circuit decisions
- Key takeaways for practitioners