Program Chair and Presenters:

Michael W. Taibleson, Chair
Godfrey & Kahn S.C.
Milwaukee

Kathleen D. Bardunias
Foley & Lardner LLP
Milwaukee

David Eckhardt
Husch Blackwell LLP
Milwaukee

Rebecca Greene
Reinhart, Boerner, Van Deuren, S.C.
Milwaukee

Steven E. Grieb
Arthur J. Gallagher & Co
Rolling Meadows, IL

Mary Ellen Schill
Ruder Ware L.L.S.C.
Wausau

Nicole Stangl
Ruder Ware L.L.S.C.
Wausau

Morgan Sweeney
Ruder Ware L.L.S.C.
Wausau

Martin P. Tierney
Michael Best & Friedrich LLP
Milwaukee

John B. Tuffnell
Salberg Tuffnell Law, S.C.
Milwaukee

8:30 a.m. Corrections, Filings, and Dealings with Administrative Agencies

• 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

David Eckhardt

9:20 a.m. Employee Stock Ownership Plan (ESOP) Update

• Brief overview of ESOPs
• Why consider an ESOP?
• De-mystifying ESOP compliance
• ESOP trends and hot topics

Rebecca Greene

10:10 a.m. Break

10:25 a.m. Department of Labor Developments for Retirement Plans

• 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

Steven Grieb

11:15 a.m. Annual Executive Compensation Update

• 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

Martin P. Tierney

12:05 p.m. Lunch (On Your Own)

1:05 p.m. Deal or No Deal: Key Employee Benefits & Executive Compensation Issues in M&A Transactions

• 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

Kathleen D. Bardunias

1:55 p.m. Retention by Design: Integrating Incentives with Restrictive Covenants

• 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.

Mary Ellen Schill, Nicole Stangl, Morgan Sweeney

2:45 p.m. Break

3:00 p.m. ERISA Case Law Update

• Latest developments and trends
• Discuss recent Supreme Court decisions
• A discussion of Seventh Circuit decisions
• Key takeaways for practitioners

John B. Tuffnell

3:50 p.m. Program Concludes

• Break down the intricacies of ESOP compliance and weigh the pros and cons of ESOPs for your clients
• Understand the implications of the proposed Investment Selection Rule for fiduciary processes
• Help your clients comply with changes to the Department of Labor’s electronic disclosure rules and new enforcement policies
• Stay current on executive compensation developments and their impact on plan design
• Walk away with key ERISA case law takeaways you can apply to your practice

• Employee benefits attorneys
• Employment law practitioners
• Insurance law practitioners
• Business attorneys
• In-house counsel
• General practitioners

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