2021 ADVANCED EMPLOYEE BENEFITS WORKSHOP
Live Webcast Seminar
ITEM #:  2034892101   |   EVENT CODE:  PENDING    |   CREDIT STATUS:  PENDING
MEMBER PRICE
$345.00
STANDARD PRICE
$395.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live webcast at no charge.

ONLINE

Thursday, February 4, 2021

8:45 AM - 4:35 PM

LIVE ONLINE ONLY – NO IN-PERSON ATTENDANCE
In-Person Passholders – You may use your Pass to register for the live webcast at no charge.

2021 Advanced Employee Benefits Workshop


An Advanced, Interactive Program
Minnesota CLE and the Employee Benefits Section of the Minnesota State Bar Association invite you to participate in the 2021 Advanced Employee Benefits Workshop. The open, discussion-based sessions make this Workshop a unique learning experience. We look forward to thoughtful and insightful comments from national and Minnesota experts and robust discussions among colleagues. There will be morning and afternoon plenary sessions, and we’re continuing with our standard, small group sessions. We look forward to seeing you in February!

8:15 – 8:45 a.m.
JOIN ONLINE


8:45 – 9:00 a.m.
WELCOME & INTRODUCTIONS


9:00 – 10:00 a.m.
The Benefits Agenda: What to Expect from the Biden Administration and Congress in 2021 and Beyond
A new administration and potentially divided Congress give hope that lawmakers can reach compromise on several important health and retirement policy priorities. The expert policy staff at the American Benefits Council will describe possible opportunities for bipartisan success and potential alternatives should bipartisanship falter, including executive measures and state action.
Hear from Representatives from the American Benefits Council; Washington D.C.:
– Lynn Dudley; Senior Vice President, Global Retirement and Compensation Policy
– Jan Jacobson; Senior Counsel, Retirement Policy
– Ilyse Schuman; Senior Vice President, Health Policy
– Katy Johnson; Senior Counsel, Health Policy


10:00 – 10:10 a.m.
BREAK


10:10 – 11:10 a.m.
BREAKOUT SESSION 1

101
Litigation Update
Repeated at session #301
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 session will also discuss the impact the CARES Act and related regulatory changes are expected to have on ERISA appeals and litigation over the next few years.
– Katherine L. MacKinnon; Law Offices of Katherine L. MacKinnon; Saint Paul
– Andrew J. Holly; Dorsey & Whitney LLP; Minneapolis
– Kirsten E. Schubert; Dorsey & Whitney LLP; Minneapolis 

102
Trends in Handling Compensation and Benefits for a Company During a Global Recession

This session will provide practice tips for advising your clients who are navigating a slowing global economy. Topics will include severance, underwater options, benefits, and compensation and how to restructure equity and incentive plans with performance goals that are no longer applicable due to global economic slowdowns.   
– Mark P. Rosenfeld; Faegre Drinker Biddle & Reath LLP; Minneapolis
– Lisa R. Pugh; Faegre Drinker Biddle & Reath LLP; Minneapolis

103
Advising Fiduciaries

2020 was an unusual year in many respects and advising ERISA fiduciaries was no exception! This session will cover the wave of guidance from the Department of Labor in 2020, including the prohibited transaction exemption for fiduciary investment advice, financial factors in selecting plan investments, and fiduciary duties regarding proxy voting and shareholder rights.  The presenters will share how fiduciaries are responding to this guidance and discuss other fiduciary trends. 
– Jeffrey M. Bauer; Seyfarth Shaw LLP; Chicago
– Linda Haynes; Seyfarth Shaw LLP; Chicago


11:10 – 11:20 a.m.
BREAK


11:20 a.m. – 12:20 p.m.
BREAKOUT SESSION 2

201
Department of Labor and IRS Health & Welfare Update

This session will focus on the most recent changes to welfare benefit plans, cafeteria plans, health FSAs and dependent care FSAs, including extended deadlines for claims and appeals and extended deadlines for COBRA. In addition, this session will also explore the applicable provisions of the Consolidated Appropriations Act of 2021. 
– Darcy L. Hitesman; HitesmanLaw, P.A.; Maple Grove
– Kathi J. Wright; Gallagher; Minneapolis 

202
Cyber Threats and Data Privacy for Retirement Plans

An update on the law and litigation, and trends and strategies for protection of participant data.
– Audrey A. Fenske; Stinson LLP; Minneapolis
– Kevin Skow, CPC; Vice President – Retirement Plan Consultant; Regional Director, Francis Investment Counsel LLC; Minneapolis
– Kevin McRaith; Senior Retirement Plan Consultant, North America; Cargill; Minneapolis

203
2020 and the Changing Employee Compensation Landscape: What We Need and How Are We Taxed When We Don’t Always Go in to Work

This session will discuss taxing remote work fringe benefits, crossing borders, recent employee legislation and upcoming expectations, as well as how incentives and reward packages are impacted by nontraditional working models.
– Christopher J. Laux; Principal, People Advisory Services; Ernst & Young LLP; Minneapolis


12:20 – 1:00 p.m.
LUNCH BREAK


1:00 – 2:00 p.m.
The Employee Plans Program Letter for Fiscal Year 2021
This presentation will discuss the IRS’ Employee Plans Division’s projected work in the Examinations, Voluntary Compliance and Determinations areas for fiscal year 2021.
– Louis J. Leslie; Senior Technical Adviser, Employee Plans; IRS


2:00 – 2:10 p.m.
BREAK


2:10 – 3:10 p.m.
BREAKOUT SESSION 3

301
Litigation Update

Repeat of session #101
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 session will also discuss the impact the CARES Act and related regulatory changes are expected to have on ERISA appeals and litigation over the next few years.
– Katherine L. MacKinnon; Law Offices of Katherine L. MacKinnon; Saint Paul
– Andrew J. Holly; Dorsey & Whitney LLP; Minneapolis
– Kirsten E. Schubert; Dorsey & Whitney LLP; Minneapolis

302
Governmental and Church Plans – A Brief Primer and Recent Developments

This session will begin with a brief overview of the differences between ERISA, governmental, and church retirement plans, followed by a discussion of common problem areas in administering church plans and how to avoid them. The session will conclude with a discussion of Minnesota public pension plan developments and the Minnesota Secure Choice Retirement Program legislation to be re-introduced in the upcoming legislative session.
– Susan Lenczewski; Executive Director, Minnesota Legislative Commission on Pensions and Retirement; Saint Paul
– Jewelie Grape; Attorney/Owner, J.Grape Law; Roseville

303
Impact of the SECURE Act and CARES Act on Retirement Plans

This session will offer an in-depth discussion on the SECURE Act, CARES Act, and implementing guidance on qualified retirement plan compliance and administration. 2020 began with the SECURE Act passed into law, making significant changes to the retirement plan landscape. Then came the CARES Act and a steady stream of Notices from the IRS offering further guidance and clarification. The panelists will catch you up on all these developments and discuss the impact to plan sponsors.
– Michael G. McNally; Fox Rothschild LLP; Minneapolis
– Brian G. Belisle; Fox Rothschild LLP; Minneapolis


3:10 – 3:30 p.m.
NETWORKING BREAK


3:35 – 4:35 p.m.
Ethics: Why We Must Play Well with Others (and Why We Don’t)
1.0 ethics credit applied for
All the ethics rules in the word won’t help your firm or legal department if your team members aren’t aware of how their interactions with each other and their own cognitive errors affect their ability to apply those ethics rules in the real life. Learn how social science can help your teams stay on the right side of ethics.
– Nancy B. Rapoport; Garman Turner Gordon Professor of Law, William S. Boyd School of Law; Affiliate Professor of Business Law & Ethics, Lee Business School, University of Nevada; Las Vegas

LIVE WEBCAST
Thursday, February 4, 2021
Attend online

REPLAYS
There are no replays.

$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.

MEMBER PRICE
$345.00
STANDARD PRICE
$395.00
MSBA MEMBER, NEW LAWYER, AND OTHER DISCOUNTS, IF APPLICABLE, WILL BE APPLIED DURING CHECKOUT.

IN-PERSON PASSHOLDERS:
You may use your Pass to register for the live webcast at no charge.

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