Supreme Court Roundup: ERISA & the Court in 2008

A number of critical decisions have recently been issued by the U.S. Supreme Court in the employee benefits area. In addition, the Supreme Court has agreed to hear arguments on yet another ERISA case in its upcoming term. Carrie Byrnes and Sarah Sise will review these latest developments, and will not only summarize and analyze the key Court cases, but also provide practical advice on the application of these cases going forward. Among the cases that they will review and analyze are the following:
• Age discrimination in retirement plans after Kentucky Retirement Systems v. EEOC
• The standard of review of ERISA benefit claims after MetLife v. Glenn
• The impact of LaRue v. DeWolff, Boberg & Assocs. on breach of fiduciary duty ERISA litigation
• The validity of a divorcing spouse's waiver of a right to pension benefits in the face of Kennedy v. Plan Administrator

About the Speakers:

Carrie Byrnes focuses her practice in the employee benefits and executive compensation areas. In her practice, Ms. Byrnes has worked extensively drafting and amending qualified and nonqualified retirement plans, welfare benefit plans, fringe benefit plans, deferred compensation plans and equity-based compensation arrangements. She also advises and counsels clients on daily employee benefit plan administration issues. Ms. Byrnes has assisted clients in connection with Internal Revenue Service and Department of Labor audits of employee benefit plans. Ms. Byrnes regularly assists in employee benefits litigation matters dealing with claims for benefits, ERISA preemption and breach of fiduciary duties. She also conducts due diligence, assists in preparation of documentation with respect to, and helps design strategies for integration of, employee benefit plans in corporate transactions. During law school, Ms. Byrnes worked for the U.S. Department of Labor-Employee Benefits Security Administration.

Sarah Sise regularly counsels clients on matters relating to qualified retirement plans, welfare and fringe benefit plans and executive compensation. With respect to qualified retirement plans, she assists clients with plan design and compliance with the technic al provisions of ERISA. She has assisted clients with the recordkeeper conversion process, counseling with respect to requests for proposals, service provider contract negotiations, participant communications and fiduciary duties implicated in the process. Ms. Sise has represented clients in connection with Internal Revenue Service and Department of Labor audits of employee benefit plans. With respect to welfare and fringe benefit plans, Ms. Sise assists clients with COBRA administration, HIPAA privacy, security and portability compliance, cafeteria plan design and administration and welfare plan documentation, including drafting "wrap" documents, health plan documents and summary plan descriptions. Ms. Sise regularly counsels clients with respect to executive compensation issues. She assists with negotiation and drafting of employment, severance and change of control agreements for executives.

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