MINNEAPOLIS
Thursday, February 9, 2023
3:00 PM - 10:05 PM | Check-In: 2:30 PM
Minnesota CLE Conference Center
600 Nicollet Mall # 370
3rd Floor, City Center
Minneapolis, MN 55402
The open, discussion-based breakout sessions make this Workshop a unique learning experience. We look forward to thoughtful and insightful comments from national and Minnesota experts. There will be morning and afternoon plenary sessions, and we’re continuing with our traditional small-group breakout sessions. Don’t miss your chance to gather with your colleagues and attend this annual tradition in person!
Areas of focus include:
8:30 – 9:00 a.m.
CHECK-IN & CONTINENTAL BREAKFAST
9:00 – 9:05 a.m.
Welcome & Introduction
– Julie A. Lewis, Planning Committee Member
9:05 – 10:05 a.m.
The Benefits Agenda: What to Expect from Lawmakers in 2023
With the 2022 election now behind us, we are looking ahead to see if lawmakers can reach a compromise on several important health and retirement policy priorities. The expert policy staff at the American Benefits Council will describe opportunities for bipartisan success and potential alternatives should bipartisanship falter, as well as extensive federal regulatory activity expected over the coming year.
– Lynn D. Dudley & Katy Johnson
10:05 – 10:15 a.m.
BREAK
10:15 – 11:15 a.m.
The 2022-2023 Litigation Update
This experienced panel of ERISA attorneys will review recent case law developments from plaintiff and defense counsel perspectives, including how recent cases and trends shape litigation thinking and strategies. This will include a discussion of new Supreme Court cases, as well as updates from the 401(k) fee cases, and other trends in pension and healthcare disputes.
– Andrew J. Holly, Katherine L. MacKinnon & Kirsten E. Schubert
11:15 – 11:30 a.m.
BREAK
11:30 a.m. – 12:30 p.m.
BREAKOUT SESSION A
101
Hot Topics in Welfare Land
This session will discuss legal developments, current issues and questions employers and employees are asking about benefits in and out of Welfare Plans.
– Jessica M. DuBois & Kathi J. Wright
102
Navigating Employee Benefits and Executive Compensation in Mergers & Acquisitions
This discussion-based session will explore current experiences with benefits and compensation in the merger and acquisition context. We will focus on due diligence developments and common issues, frequent employee benefit issues in transaction documents, increased usage of representation and warranty insurance, and transition planning.
– Thomas B. Henke & Debra J. Linder
103
A Survey of Tax Issues Relating to Compensation and Benefits
This session will review some of the latest tax issues concerning compensation and benefits. Topics will include taxation of fringe benefits, FICA and deferred compensation, severance pay, taxation of equity and much more!
– Eric J. Gonzaga & Kristen P. Smith
12:30 – 12:45 p.m.
LUNCH (provided to all attendees)
12:45 – 1:45 p.m.
LUNCH PRESENTATION
IRS Updates, Initiatives and Hot Topics Involving Retirement and Health and Welfare Benefits
Hear from IRS counsel regarding recent changes and developments, including:
– Laura B. Warshawsky & John R. Wright
1:45 – 1:55 p.m.
BREAK
1:55 – 2:55 p.m.
BREAKOUT SESSION B
201
Building, Funding and Investing for Public Employer Defined Contribution Plans
Public employer defined contribution plans provide health, welfare and retirement benefits for state and local government employees. State and local governments, including school districts, typically must meet their actuarially determined non-pension liabilities every year. The plans’ structure and funding can make/break an annual budget. In this session, we will look at efficient tax-exempt models for plan structure, funding and investment that can, over time, reduce the employer’s overall liability while retaining access to categorical and other state and federal aid payments. The focus will be on tax-efficient benefit plans funded through an IRC section 115 trust and invested to best support the public employer’s obligations and objectives.
– Julie A. Lewis, Jeannette Parr & Kendra Shelland
202
Advising Fiduciaries on Recent DOL Guidance
We will discuss advising plan fiduciaries regarding the Department of Labor’s (DOL) new Environmental, Social and Governance (ESG) and proxy rule, the expansion of investment advice into participant managed accounts, and prohibited transaction exemptions that have been recently reviewed by the DOL (PTE 84-14 QPAMs; PTE 2020-02 best Interest and rollovers; and anticipated PTE 84-24 Insurance Products).
– Megan E. Hladilek & Fred Reish
203
Anatomy of an Employee Benefit Plan Vendor Agreement
This session will review best practices for reviewing an employee benefit plan contract from the perspective of the plan sponsor. We’ll cover some of the key aspects of these agreements, including privacy and cybersecurity. And we’ll touch on some of those provisions that have been around since the beginning of time like indemnification, statement of work schedules, and termination.
– Robert A. Seng & Jay A. Warmuth
2:55 – 3:05 p.m.
BREAK
3:05 – 4:05 p.m.
Ethical Considerations for Employee Benefits Attorneys
1.0 ethics credit applied for
This session will address ethical issues unique to employee benefits practitioners by focusing on real-world scenarios and applying the Model Rules of Professional Conduct. Join us for a lively and interactive discussion where we will address the following topics: who’s your client, representing entities, representing multiple parties, attorney-client privilege, the work product doctrine, and the fiduciary exception to privilege.
– Binh T. Tuong & Timothy D.S. Goodman
4:05 – 4:30 p.m.
WORKSHOP RECEPTION
Gather with your colleagues and friends for some cheerful camaraderie and connection!
LIVE IN-PERSON
Thursday, February 9, 2023
Minnesota CLE Conference Center
600 Nicollet Mall, Suite 370
Seventh Street & Nicollet Mall, Third Floor City Center
Minneapolis, Minnesota
There will be no replay.
$345 MSBA members / $345 paralegals / $395 standard rate
Other discounts that may apply:
Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.
Minnesota CLE is applying to the Minnesota State Board of CLE for 6.0 CLE credits, including 1.0 ethics credit. The maximum number of total credits attendees may claim for this program is 6.0 credits.
Minnesota CLE also has applied to the Minnesota State Bar Association for 6.0 labor and employment law specialist credits.
