Recent litigation involving employee benefit plans has renewed the focus of regulators and plan sponsors on the fiduciary obligations imposed by ERISA. Our experience in this area enables the Spencer Fane Employee Benefits Team to help clients avoid fiduciary liability. We have devised sophisticated plan governance structures designed to minimize our clients’ fiduciary risk. And we help structure transactions in a way that avoids any violation of ERISA’s prohibited transaction rules.
In an effort to help clients head off fiduciary-related claims, we provide fiduciary education and training, and conduct comprehensive reviews of their existing fiduciary processes and procedures. On many occasions, we have successfully negotiated with Department of Labor officials to resolve fiduciary problems before formal action is taken against our clients.