Employee Benefits

35th Annual National CLE & Ski Conference


Program Agen

Employee Benefits


January 3-7, 2018, Marriott Vail Mountain Resort & Spa  


Program Co-Chairs:

Rory Judd Albert, Senior Partner, Employee Benefits, Executive Compensation & ERISA Litigation Group, Proskauer LLP, New York, NY

Thomas Gerard Schendt, Partner, Compensation, Benefits & ERISA Litigation Group; Legislative & Public Policy Group, Alston & Bird LLP, Washington, DC 

  • Learn About Trends, Recent Developments and Hot Issues in the Employee Benefits Arena
  • Attend this Program to Better Understand Employee Benefits Compliance, Administration, Design and Policy
  • Hear Private Firm Practitioners, In-house Counsel, Advisors, and Actuaries Discuss “OCIO” versus “Traditional” Models, New Ideas for Avoiding Cliffs in the Multiemployer Pension Landscapes, Statute of Limitations Defenses to 401(k) Litigations, Validity of the Successor Liability Doctrine, Select Issues Concerning Provider Claims, Multiemployer Plan Issues, Private Exchange Arrangements, DOL’s Fiduciary Rule, Saving Underfunded Pension Plans and More!


Wednesday, January 3, 2018

3:00 – 7:00 p.m.                     


4:30 – 5:30 p.m.                   

“OCIO” versus “Traditional” Models for Pension Investment Decision-making — The View from the Legal and Investment Advisory Perspectives
Rory Judd Albert, Senior Partner, Employee Benefits, Executive Compensation & ERISA Litigation Group, Proskauer LLP, New York, NY

5:30-6:30 p.m.                      

In House Counsel: Expectations; Frustrations; and Demands

Tobi Lebowitz, Senior Corporate Counsel, KLX Inc, West Palm Beach, FL
Joan M. Brown, Associate General Counsel, CenturyLink, Denver, CO
Thomas G. Schendt, Partner, Alston & Bird, LLP, Washington, DC


Thursday, January 4, 2018

7:00 – 8:00 a.m.                 

Skiing Off-Piste: New Ideas for Avoiding Cliffs in the Multiemployer Pension Landscapes   
Neal S. Schelberg, Partner, Proskauer LLP, New York, NY
Christopher J.G. Brockmeyer, Director of Employee Benefit Funds, The Broadway League, New York, NY   
Gwen J. Lourie, Proskauer LLP, New York, NY

8:00 – 9:00 a.m.                    

Statute of Limitations Defenses to 401(k) Litigations

Myron D. Rumeld, Partner, Proskauer LLP, New York, NY

4:30- 6:30 p.m.                  

Plenary Session – More Fun with Ethics at the Movies
Larry J. Cohen, Ph.D., J.D., Cohen’s Counsel, Bethel, VT

6:30 p.m.                              

Wine Reception

Friday, January 5, 2018

7:00 – 8:00 a.m.               

The Validity of the Successor Liability Doctrine in Withdrawal Liability Claims                                                       

Evan Miller, Partner, Jones Day, Washington, DC
Yaakov Roth, Partner, Jones Day, Washington, DC

8:00 – 9:00 a.m.              

Select Issues Concerning Provider Claims

Jeffrey Stein, General Counsel, 1199 National Benefit Fund, New York, NY
Suzanne Metzger, Assistant General Counsel , 1199 National Benefit Fund, New York NY

Bonus Session*
Friday, January 5, 2018
3:20 – 4:20 p.m.

CTE: What It Means for Civil and Criminal Litigation 

  • CTE — What It Is and What It Does to Functioning and Behavior
    • Is It More than a Sports Injury Issue?
  • Detecting CTE — Neurology, Neuropathology, Neuroimaging, Neuropsychology, Biomarkers
  • CTE in Litigation
    • Its Role and Potential Role in Civil and Criminal Litigation
    • Admissibility Issues
  • The Future of CTE in Litigation — A Disorder Along the Concussion Spectrum?
    Larry J. Cohen, D., J.D., Cohen’s Counsel, Bethel, VT                                               

4:30 – 5:30 p.m.              

Mitigating Litigation Risk of Fiduciary Liability on Investment and Administrative Oversight Responsibilities

Jonathan Rose, Partner, Alston & Bird, LLP, Washington, DC
Lou Ann Hutchison, Managing Director, People & Culture Operations, Grant Thornton LLP, Charlotte, NC                 

5:30 – 6:30 p.m.               

A Potpourri of Multiemployer Plan Issues

Ronald Richman, Partner, Schulte Roth & Zabel, New York, NY
Jay Egelberg, Director and Consulting Actuary, First Actuarial Consulting, Inc., (FACT), New York, NY
Stuart Oltchick, President, Stuart Portfolio Consultants, LP, New York, NY

Saturday, January 6, 2018

7:00 – 8:00 a.m.              

The Perils of Ransomware….Makes You Wanna Cry 

Michael Balboni, President/Managing Director, Redland Strategies, Inc., New York, NY

8:00 – 9:00 a.m.             

The Happy Task of Reducing Pension Benefits to Save Underfunded Pension Plans or How About Legislation to Avoid the Pain?

Bernard T. King, Blitman & King LLP, Syracuse, NY

4:30 – 5:30 p.m             

Surviving the Health Care Reform Blizzard: The Latest Legislative and Regulatory Changes and Their Impact on Your Plans and Exchanges  

John Hickman, Partner, Compensation, Benefits & ERISA Litigation, Alston & Bird, LLP, Atlanta, GA
Bryan Brum, Attorney – Employee Benefits, United Parcel Service, Atlanta, GA

5:30 – 6:30 p.m.                

DOL’s Fiduciary Rule: Dead or Alive

Kelly Driscoll, Senior Managing Director, State Street Global Advisors, Boston, MA                                                                

Sunday, January 7, 2018

Plenary Sessions

7:00 – 8:00 a.m.    

The Ethical Boundaries of Adversary Investigations

  • Addressing the Need for Information about Your Adversaries, Including Such in Intellectual Property Disputes
  • Investigative Techniques Generally, and Use of Private Investigators, Specifically  
  • Applicable Law and Rules, Including Rules 4.1 (a), 4.2, 4.3, 4.4(a), 8.4(c), and 5.3 of the ABA Model Rules of Professional Conduct
  • Potential Penalties and Consequences for Violations
  • Case Analyses and Hypotheticals

Presented by Michael Chiappetta, Senior Legal Editor, Intellectual Property & Technology, Practical Law, New York, NY.  Your speaker will share with you his experiences in the intellectual property practice area along with how such ethical considerations may apply in other practice areas and other practice area examples
8:00 – 9:00 a.m.    
Ethical Considerations Regarding Collection and Admission of Social Media Evidence

What was once a thought or a spoken word is now memorialized as tangible evidence. A running journal of an individual’s activities, thoughts, and movements is a potential treasure trove of evidence not to be ignored. Improper collection can lead to spoliation and/or preclusion of evidence.  Gregory MacFarlane, JD, E-Discovery Specialist, Thomson Reuters/Pangea3, New York, NY will discuss the case law (state & federal), FRCP, Rules of Evidence (801, 901, & 902), ABA Model Rules (401 & 804), and bar opinions surrounding preservation of evidence, best practices for collection, rules of evidence and how to lay a proper for admission of this evidence.  These winning strategies will lower the cost of litigation and improve work product.

Presented by Gregory MacFarlane, JD, Legal Consultant│E-Discovery Specialist, Thomson Reuters, New York, NY             



* Hot topic presentation that we would like everyone to have the opportunity to attend so we are offering it as a bonus session for which attendees will need to individually submit for CLE credit should they wish CLE credit for attending, and that we are happy to answer questions regarding such.

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