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Litigation Risk Management Series: ERISA in High Definition – Litigation Update and Strategies for Risk Management



Tuesday, September 11, 2012
Product Code - LGN51
Speaker(s): Eric R. Keller, Paul Hastings LLP; J. Mark Poerio, Paul Hastings LLP
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This program focuses on a remarkable range of case law and regulatory developments that occurred in the first half of 2012 with respect to ERISA health and retirement plans, executive compensation, non-competition agreements, and litigation relating to all of these areas.

Employers will hear about changes that they could make to their ERISA plans and executive agreements in order to protect against increased litigation risks and/or to position themselves to assert their rights under business protection agreements such as non-competes.

Educational Objectives:

• What should employers be doing in order to position their health plans for compliance with healthcare reform – from the law and regulations, to the Supreme Court and later court decisions.
• What increased ERISA litigation risks should employers expect given the Supreme Court’s CIGNA v. Amara decision, and how may they mitigate those risks?
• Why should employers be considering similarly-directed amendments to their non-qualified ERISA plans?
• What are the new case law developments concerning non-competes and forfeitures-for-competition? And how should employers be reacting?
• What surprises have come from the first season of Say on Pay, and Say on Parachutes? And how should public companies be changing their approach?
• What should employers expect from the SEC and other regulators with respect to Dodd-Frank, Code §162(m), and Code §409A?

Who would benefit from attending the program?

In-house counsel and human resource professionals; ERISA attorneys; tax attorneys; and employment attorneys

Program Level: Intermediate

Credit Available: CLE. For more information, please click on the “CLE Credit” tab.

Eric R. Keller, Paul Hastings LLP; J. Mark Poerio, Paul Hastings LLP

Eric R. Keller, Paul Hastings LLP
Eric Keller is a partner in the Paul Hastings Employment Law Department and represents clients in all aspects of executive compensation and employee benefits law. In this regard, he advises clients regarding tax, labor (including ERISA), financial accounting, securities, and litigation issues. He designs and prepares plan documents and participant communications, negotiates service-provider contracts, and assists clients in developing and operating efficient and prudent plan administration practices.  Mr. Keller has been listed by Chambers USA as a leading lawyer in the executive compensation and employee benefits field.

Mr. Keller received his B.B.A. in accounting and finance from Ohio University (cum laude). He received his J.D. from Capital University Law School (magna cum laude), where he served as editor-in-chief of the Capital University Law Review. He received his LL.M. in taxation from New York University School of Law.

J. Mark Poerio, Paul Hastings LLP
Mark Poerio is a partner in the Employment Law Department in the Washington D.C. office of Paul Hastings, and is a member of the American College of Employee Benefit Counsel. For 25 years, Mr. Poerio has been in private practice with a focus on executive compensation and employee benefit matters, especially from a business, governance, tax, and securities perspective. He works regularly and globally with every Paul Hastings office, and has significant pro bono representations relating to not-for-profit governance, executive compensation, and tax matters. Mr. Poerio is also an adjunct professor with the Georgetown Law School, where he designed and teaches both “Executive Pay and Loyalty” and “The Business and Securities Aspects of Executive Compensation.”

Mr. Poerio is admitted to practice in the District of Columbia. He graduated with honors from both the University of Virginia and the Cornell Law School.

This program is CLE-credit eligible.

If you have further questions regarding a specific state or how to file for CLE credit, please contact Bloomberg BNA customer service at 800-372-1033 and ask to speak to the Legal and Business CLE Accreditation Coordinator.

Hardship Policy
Bloomberg BNA offers a hardship policy for any attorney earning less than $30,000 per year. If an attorney wishes to take advantage of this option, he or she must do so in writing and also provide proof of hardship. If approval is granted, a discount of 50% off the full registration price of the program will be awarded.

Questions
For more information about Mandatory or Minimum Continuing Legal Education (MCLE) requirements, visit the American Bar Association website at http://www.abanet.org/cle/mandatory.html.