American Bar Association American Bar Association

Gifts and Entertainment: Should ERISA Dampen Your Clients' Holiday Spirit?

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

General Information

A 90-minute TeleConference/Live Audio Webcast
THURSDAY, December 17

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 

Moderator: W. Iris Barber, Sprenger & Lang PLLC, Washington, DC
Panelists: John J. Canary, Deputy Director, Office of Regulations and Interpretations, Employee Benefits Security Administration, U.S. Department of Labor, Washington, DC;
Joyce A. Mader, O''Donoghue & O''Donoghue LLP, Washington, DC;
Steven W. RabitzStroock & Stroock & Lavan LLP, New York, NY

Problems related to gifts and entertainment provided to plan fiduciaries may not always be self-evident and obvious. Nonetheless, plan fiduciaries, institutions that provide services to plan clients, and their lawyers need to be aware of the legal and regulatory environment in which they operate. Normal commercial business practices often touch upon these issues and raise operational and commercial challenges even when plan fiduciaries and service providers act in good faith. The Department of Labor has recently issued guidance on what gifts, entertainment and gratuities need to be reported. This conference addresses the following:

  • When do plan fiduciaries need to be mindful of gifts and entertainment?
  • Are there reporting obligations regarding the provision of or receipt of gifts and entertainment?
  • What guidance is there from the Department of Labor on plan fiduciaries'' receipt of, and service providers'' provision of gifts and entertainment
  • What policies and procedures should be considered?
  • What other challenges do plan fiduciaries and service providers face?
  • Can law firms and other service providers offer seminars for plan fiduciaries?
  • Can you invite plan clients to your holiday party?

    Gifts and Entertainment: Should ERISA Dampen Your Clients' Holiday Spirit?
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