American Bar Association American Bar Association

Duty to Disclose

SPONSORS: The Sections of Business Law, Health Law, Labor and Employment Law, Real Property, Probate and Trust Law, Taxation, and Tort Trial and Insurance Practice; And the American College of Employee Benefits Counsel

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Duty to Disclose: A New Frontier in Fiduciary Responsibility?

Wednesday, May 17, 2006

A 90-minute TeleConference/Live Audio Webcast

1:00-2:30 pm ET / 12:00-1:30 pm CT / 11:00 am-12:30 pm MT / 10:00 am-11:30 am PT

Recent cases emphasize a plan fiduciary''s duty to disclose information to plan participants that may implicate their employee benefits.  These cases focus on who or what entities have such a duty and the extent of what that duty may be.  This teleconference examines the antecedent precedent establishing the duty to disclose, how that duty emerged, the shape of that duty in 401(k) class action litigation, and what plan drafters can do to address expanding disclosure obligations. 


  • Development of Disclosure Precedent --  Historical Basis of ERISA Case Law on Misrepresentation/Ommission
  • How Broad Are Disclosure Responsibilities?  Who is impacted by this duty?  Members of the Board of Directors, Corporate Officers, Plan Committee Members?
  • Disclosure/Omission Issues in 401(k) Litigation
  • Anticipatory Plan Drafting -- Plan Design Addressing Disclosure Issues.    



Howard Shapiro, Proskauer Rose, LLP, New Orleans, LA


Thomas Moukawsher,  Moukawsher & Walsh LLC, Hartford, CT

Joni Andrioff, Jones Day, Chicago, IL

Duty to Disclose
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For more information about the ABA Joint Committee on Employee Benefits, visit the JCEB website.