About the Authors
Editor
SUSAN P. SEROTA, editor ofERISA Fiduciary Law, is a partner in the New York office of Pillsbury Winthrop LLP, where she is the Chair of the executive compensation and employee benefits practice group of the firm.
Mrs. Serota is a nationally known expert on employee benefits, ESOPs, fiduciary issues, and the international aspects of employee benefits in mergers and acquisitions. Mrs. Serota is a past Chair of the Employee Benefits Committee of the American Bar Association Section of Taxation and a past Chair of the American Bar Association Joint Committee on Employee Benefits. She has also served as Vice-Chair of the American Bar Association Section of Taxation and on the Executive Committee of the New York State Bar Association Section of Taxation. Mrs. Serota is a Charter Fellow and a member of the Board of Directors of the American College of Employee Benefits Counsel. She is also a past Chair of the International Pension and Employee Benefits Lawyers Association and is a member of the Pensions Study Group, International Associ-ation de Droit des Assurance. Mrs. Serota is past President, and currently serves as a member, of the board of directors of the American Bar Retirement Association, and is also a member of the Advisory Board of Tax Management, Inc. and the board of editors of the Benefits Law Journal. She annually co-chairs the American Bar Association National Institute on “Employee Benefits in Corporate Transactions” and has been a past co-chair of its National Institute on “Compensation for Executives and Directors”. Mrs. Serota is a frequent lecturer and has written extensively on ERISA fiduciary issues.
Mrs. Serota received her Bachelor of Arts degree from the University of Michigan in 1967 and her Juris Doctor degree from New York University School of Law in 1971. She has been an Adjunct Professor at Georgetown University School of Law and on the faculty of New York University School for Continuing Education.
Associate Editor
FREDERICK A. BRODIE, associate editor of ERISA Fiduciary Law and co-author of Chapter 17, received an A.B.magna cum laude from Brown
University in 1984 and a J.D. in 1987 from Yale Law School, where he was Executive Editor of the Yale Journal on Regulation. He served as law clerk for the Honorable Joseph L. Tauro, U.S. District Judge for the District of Massachusetts, and for the Honorable Bruce M. Selya of the U.S. Court of Appeals for the First Circuit. Mr. Brodie is also co-author of “ERISA” in Business and Commercial Litigation in Federal Courts(1998) and “Employee Benefits” inSuccessful Partnering Between Inside and Outside Counsel(2000). Since 1996, Mr. Brodie has been a partner at Pillsbury Winthrop LLP, where his practice includes ERISA cases and a wide range of other commercial litigation.
Contributors
DAVID M. COHENis a partner in the New York firm of Schulte Roth & Zabel LLP, where he is a member of the Firm’s Employment and Employee Benefits Practice Group. Mr. Cohen is a member of the New York State and District of Columbia Bars and is a member of the American Bar Association’s Tax and Business Law Sections. He has lectured extensively on employee benefits and compensation issues for both professional and non-professional groups. He has also lectured and written on the application of ERISA to the financial services industry and is co-author of Rosenman’s “An Overview of ERISA Concerns for Investment Advisors.” Mr. Cohen also worked at the U.S. Department of Labor where he gained extensive knowledge in the ERISA Title I area. A large part of Mr. Cohen’s practice focuses on the application of ERISA’s fiduciary standards to the investment activities of the financial ser-vices industry.
Mr. Cohen received his Bachelor of Arts degree from Columbia University in 1978, and his Juris Doctor degree from the National Law Center, George Washington University in 1981.
FRANK A. DANIELE is a partner in the New York office of Willkie Farr & Gallagher. He received his law degree from the University of Michigan in 1988 and has been with Willkie Farr since then. Mr. Daniele is a member of the firm’s employee benefits group and specializes in ERISA fiduciary law and executive compensation.
ROBERT N. ECCLES is a partner in the Washington, D.C. office of O’Melveny & Myers LLP. His practice focuses on litigation and advice un-der ERISA.
Mr. Eccles is a graduate of Harvard College and Harvard Law School. After five years as a trial attorney at the U.S. Department of Justice, in 1977 he joined the U.S. Department of Labor specializing in litigation under ERISA. In that capacity, he litigated and tried numerous cases that established basic precedent under ERISA’s fiduciary provisions. From 1982 to 1988, he served as Associate Solicitor of Labor in charge of attorneys who provided legal advice and conducted litigation under ERISA.
Mr. Eccles is a frequent speaker and author on ERISA litigation, preemp-tion, and fiduciary issues. Along with David Gordon of O’Melveny & Myers LLP, he edits the bimonthly “ERISA Litigation Reporter” published by Aspen
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About the Authors
Law & Business, Inc. which covers developments in case law under ERISA and related laws.
DAVID W. ELLISis a partner in the Chicago office of Baker & McKenzie and is an internationally recognized expert in the area of international employee benefits and executive compensation. He is Co-Chair of the firm’s Global Labour, Employment and Employee Benefits Practice Group, and he has a wide range of experience in all aspects of employee benefits, including: global stock plans, international pension funds, offshore trusts, and international execu-tive transfers.
Mr. Ellis is actively involved in the Tax Section of the American Bar Association. He is past Chair of the International Pension and Employee Benefits Lawyers Association, a professional association with members in over 20 countries, and he is a Fellow of the American College of Employee Benefits Counsel.
Mr. Ellis has given many speeches on the topic of international compensa-tion and employee benefits and has authored numerous articles, most recently in theCorporate Taxation andInternational HR Journal, where he is on the Board of Advisors. Mr. Ellis also co-authored a book entitled Structuring International Transfers of Executives, published by Research Institute of America.
Mr. Ellis graduated from Amherst College in 1977 with a Bachelor of Arts Degree (cum laude) and from Boston College Law School in 1981 with a Juris Doctor degree.
JAMES SCOTT FRAZIER is an associate in the New York office of Schulte Roth & Zabel, where he is a member of the Firm’s Employment and Employee Benefits Practice. A large part of Mr. Frazier’s practice is devoted to advising clients concerning the application of ERISA’s fiduciary standards and plan asset rules to their investment activities. In addition, he spends a significant amount of time assisting clients with issues arising in connection with the complex rules and regulations applicable to tax-qualified plans and executive compensation arrangements. Previously, Mr. Frazier was a pension law specialist for the U.S. Department of Labor’s Pension and Welfare Benefits Administration where he spent extensive time working with the fiduciary provi-sions found in, and prohibited transaction exemptions issued under, Title I of ERISA.
Mr. Frazier received his B.A. in Political Science and Economics from the University of North Carolina, his J.D.,cum laude, from the University of Arkansas, his LL.M. (Labor),with distinction, from the Georgetown University Law Center and his LL.M. (Taxation) from the Georgetown University Law Center.
NORMAN P. GOLDBERGis Managing Director of U.S. Trust Company, N.A., specializing in the provision of fiduciary services to pension and welfare plans, including defined benefit plans, ESOPs, 401(k) plans, and other types of qualified employee benefit plans that invest in employer stock.
Mr. Goldberg was employed by the Department of Labor from 1977 to 1985, supervising fiduciary litigation brought under Title I of ERISA by the Secretary of Labor. After leaving the DOL, Mr. Goldberg was employed by two financial advisory firms for a period of eight years, including five years
as the managing director of the Washington, D.C. office of Duff & Phelps Financial Consulting Co. In that capacity, he advised fiduciaries of ERISA-covered plans in transactions involving the purchase of employer securities. Mr. Goldberg has also written and lectured frequently on the procedural, sub-stantive, and valuation issues involved in the acquisition of employer stock by employee benefit plans.
Mr. Goldberg received his J.D. degree from the Georgetown University Law Center in 1969 and his undergraduate degree from Brandeis University in 1966.
EILEEN B. GORDON is a partner in the New York office of Dewey Ballantine LLP. Ms. Gordon graduatedmagna cum laudefrom Pace University Law School in 1979 and received B.S. and M.S. degrees from the City College of New York. Ms. Gordon specializes in employee benefits issues, with an emphasis on tax compliance and a wide range of corporate transactions.
GUY HALFTECK is a John M. Olin Fellow in Law, Economics & Business at Harvard University and a Doctoral (S.J.D.) candidate at Harvard Law School. He is also a Fellow at the Harvard Program on Negotiation and a Research Fellow at the Financial Services Exchange. He specializes in complex and class action litigation, areas where he conducts both empirical and theoreti-cal research with particular emphasis on securities and financial fraud litigation. As a Clark Byse Fellow, he taught a seminar on Entrepreneurial Lawyering at Harvard Law School.
Mr. Halfteck received his LL.B. degree, magna cum laude, from the Hebrew University of Jerusalem, where he served as an Editor-in-Chief of the Hebrew University Law Review. Later, he clerked for the Honorable Justice Tova Strasberg-Cohen at the Supreme Court of Israel. He received his LL.M. degree,magna cum laude, from Columbia University, where he was nominated a Harlan Fiske Stone Scholar and served as an Associate Editor of theColumbia Journal of Transnational Law.
Mr. Halfteck is a member of the Israeli Bar Association. Recently, he was a Summer Associate in the law firm of Pillsbury Winthrop LLP and Lieff, Cabraser, Heimann & Bernstein LLP, both in New York City.
ELLEN A. HENNESSY (Nell)is President of AON Fiduciary Counselors Inc., a registered investment adviser that acts as an independent fiduciary for ERISA plans. From 1993 to 1998 she was Deputy Executive Director and Chief Negotiator of the Pension Benefit Guaranty Corporation (PBGC). As Chief Negotiator, Ms. Hennessy represented PBGC’s interests in negotiations with financially troubled companies concerning their liability for underfunded pension plans.
Ms. Hennessy was a partner in the law firm of Willkie Farr & Gallagher from 1987 to 1993. In private practice, she specialized in pensions, health and other employee benefits, with a particular emphasis on corporate transactions, bankruptcy and fiduciary issues related to investment products and service pro-viders.
GARY W. HOWELL is a partner in the Chicago office of the Chicago and Washington D.C. law firm Gardner, Carton and Douglas. As a member of the firm’s HR Law Department, his practice emphasizes ERISA fiduciary matters, retirement plan issues and ERISA litigation. He is a member of the Employee
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About the Authors
Benefits Committee of the Labor Section of the American Bar Association. He received B.A. (1972) and J.D. (1976) degrees from the University of Iowa, where he serves as an Adjunct Professor at the College of Law.
LEON E. IRISH is Visiting Professor of Law at the James E. Beasley School of Law, Temple University and President Emeritus of the International Center for Not-for-Profit Law. He is a 1964 graduate of the University of Michigan Law School, where he served as Note and Comment Editor of the Michigan Law Review. He was elected to the Order of the Coif. In October Term 1967, he served as a law clerk for Associate Justice Byron R. White on the United States Supreme Court. He practiced tax and employee benefits law at Caplin and Drysdale Chartered from 1968–1985 and at Jones, Day, Reavis & Pogue from 1988–1993. From 1993–1995, he was Vice-President and Senior Counsel of the Aetna Life and Casualty Company in Hartford, Connecticut.
In 1973, Mr. Irish received a D.Phil. from Oxford University. For 10 years, he served as an Adjunct Professor of Law at Georgetown University Law School. From 1985–1988, he was a full-time Professor of Law at the University of Michigan Law School.
Mr. Irish is a nationally known expert on employee benefits law. He has served as a Chairman of the Employee Benefits Committee of the Tax Section of the American Bar Association and as Chairman of the Joint Committee on Employee Benefits. He is a member of the American College of Employee Benefits Counsel, the American College of Tax Counsel, the American Law Institute and the Council on Foreign Relations.
He has written and spoken widely on employee benefits topics.
ARTHUR G. KENT is Counsel in the Atlanta Office of Jones, Day, Reavis & Pogue; he previously practiced in that firm’s New York Office. He has specialized in tax law for approximately the last 25 years and has had extensive experience in employee benefits and executive compensation law.
Mr. Kent received a Juris Doctor degree in 1975 from the Columbia University School of Law, and a Master of Laws in Taxation in 1981 from New York University School of Law. He is a 1972 graduate of Princeton University, where he studied in the Woodrow Wilson School of Public and International Affairs.
Mr. Kent has served as an Adjunct Assistant Professor in the Lubin Graduate School of Business of Pace University in White Plains, New York and has lectured for the Georgia Institute of Continuing Legal Education and at other professional programs.
ARTHUR H. KROLLis the CEO of and a compensation consultant with KST Consulting Group in New York City and an Adjunct Professor at New York University and the University of Miami School of Law. Mr. Kroll has authored several publications on compensation and benefits. Mr. Kroll also authors the monthly newsletter Family Business Professional published by Harcourt Brace. His book,Compensating Executives: Drafting and Managing Tax-Advantaged Arrangements, was published by CCH in 1998. Mr. Kroll is also a member of the following Advisory Committees: Advisory Board of BNA Tax Management, Inc.; PLI Tax Advisory Board; Advisory Board of the University of Miami Institute on Estate Planning; the Board of Contributing Editors and Advisors of the Review of Taxation of Individuals; the Board
of Advisors of Corporate Taxation; the Advisory Board of the Journal of Compensation and Benefits; and the Board of Editorial Advisors of theJournal of Nonqualified and Executive Compensation. He has lectured at numerous professional programs on employee benefits and compensation matters and has authored a host of articles on these subjects as well.
ETHAN LIPSIG is a member of Paul, Hastings, Janofsky & Walker LLP’s 150-plus attorney Employment Law Department, chairs its Executive Practice Group, and co-chairs its Employee Benefits National Practice Group. Mr. Lipsig’s special expertise is in reduction-in-force programs and em-ployee benefits litigation, although he is expert in the entire range of emem-ployee benefit issues and is recognized as such inBest Lawyers in AmericaandWho’s Who in America, and was listed as one of the nation’s top 40 employee benefit lawyers in a 1998National Law Journalsurvey. Among the many innovations to his credit, Mr. Lipsig pioneered the Section 401(k) plan, the use of convertible debentures to compensate executives, and Section 401(h) retiree health plan funding. His clients include major financial institutions, defense contractors, oil companies, automobile manufacturers, and entertainment companies.
Mr. Lipsig is a member of the Employee Benefits Committee of the American Bar Association’s Section of Labor and Employment Law. In 1978 and 1979, he chaired its Subcommittee on Federal Preemption; in 1981, he chaired its Subcommittee on Investments and Funding. Mr. Lipsig is also a member of the Committee on Employee Benefits of the Section of Taxation of the American Bar Association. From 1981 to 1984, Mr. Lipsig was chair of the Employee Benefits Committee of the Tax Section of the State Bar of California. Mr. Lipsig is also a member of the Health Policy Committee of the California Chamber of Commerce and a member of the Western Pension and Benefits Conference. Mr. Lipsig is a Charter Fellow of the American College of Employee Benefit Counsel.
Mr. Lipsig has written numerous books and articles, most notably Downsizing(BNA Books 1996), the definitive treatise on that subject. Recent articles include “Release Requirements in Funded Exit Incentive & Severance Plans,” 22 The Journal of Pension Planning & Compliance 57 (1996); “A WARN Act Road Map,” 11 The Labor Lawyer 273 (1996); “Reductions in Force: The Duty to Bargain and Related Collective Bargaining Issues under the LMRA, the RLA, and the Bankruptcy Code,” 37South Texas Law Review 727 (1996); “Supreme Court Upholds ‘RIF’ Benefit Release Requirements,” The California Labor Letter, July 1996, at 5; “The 9th Circuit Weighs In on the Immutability of Plant Shutdown Benefits,” ERISA Litigation Reporter, Dec. 1995, at 21; “Ten Steps of Communicating the Layoff Decision,” The California Labor Letter, Aug. 1995, at 6; “Planning and Implementing Reductions in Force,” 6 Corporate Analyst35 (1994); “Waller v. Blue Cross of California,” ERISA Litigation Reporter, Oct. 1994, at 22; “Structuring Reductions in Force,” The California Labor Letter, Apr. 1992, at 8; and “A Comprehensive Approach to Qualified Plan Antidiscrimination Testing,” Tax Notes, Feb. 11, 1991, at 649.
Mr. Lipsig is a frequent speaker and has spoken at programs sponsored by ALI-ABA (American Law Institute-American Bar Association), ABA Na-tional Institutes, PLI (Practicing Law Institute), CCEB (California Continuing
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About the Authors
Education of the Bar), The Institute for Corporate Counsel, NELI (National Employment Law Institute), the Profit-Sharing Council of America, the Los Angeles County Bar Association, the U.S.C. Tax Institute, and the Western Pension and Benefits Conference, among many others.
Mr. Lipsig received his B.A. degree in 1969 from Pomona College. Before attending law school, he completed graduate studies at St. Edmund Hall, Univer-sity of Oxford. He received his J.D. in 1974, graduating in the top 10 of his class from the University of California at Los Angeles, where he was awarded the Order of the Coif and was a member of the Board of Editors of theUCLA Law Review.
RICHARD I. LOEBLis a senior attorney in the New York office of the national law firm Epstein, Becker & Green P.C., practicing primarily in em-ployee benefits and executive compensation. He has a Bachelor of Arts degree cum laude from Harvard University (1967), a Ph.D. in mathematics from the University of California, Berkeley (1973) and a J.D. summa cum laudefrom the University of Detroit School of Law (1987). Prior to practicing law, he was an associate professor of mathematics at Wayne State University, and has taught courses in probability and statistics. He was an Enrolled Agent, admitted to practice before the Internal Revenue Service in 1984. As a law student, he was a student liaison to the American Bar Association Tax Section’s Committee on Professional Service Organizations and served as a judicial intern for Chief Justice G. Mennen Williams of the Michigan Supreme Court and Judge George Woods of the U.S. District Court for the Eastern District of Michigan. He was Articles and Book Reviews Editor of the University of Detroit Law Review, and published two articles in the law review. He has written and co-authored articles for theMichigan Tax Lawyer, the Benefits Law Journal, the National Law Journal, the ERISA and Benefits Law Journal, and the Bulletin of the American Society of Employers. He is co-author of a chapter on Retirement Benefits for Governmental Employees appearing in Local Government Law and Practice in Michiganpublished in 1999 by the Michigan Municipal League and the Michigan Association of Municipal Attorneys. He is currently Vice-Chair of the Committee on Fiduciary Responsibility in Employee Benefits and Chair of the Committee on Plan Transactions and Terminations of the American Bar Association Section of Real Property, Probate and Trust Law and is co-editor and a contributing author of the Committee’s Special Report on “The Common Law of Individual Prohibited Transaction Exemptions”; he was also a discussion leader for the Committee at the American Bar Association Annual Meeting, Atlanta, Ga., in August 1991 and was a Panelist for the Committee at the American Bar Association Annual Meeting, New Orleans, La., in August 1994. He made a presentation entitled “What Every Prudent Investor Should Know (and the Risks of Ignorance)” at the annual meeting of the National Association of College and University Attorneys, San Antonio, Texas, in June 1996 (co-presenter with Professor Harvey Dale of NYU Law School); the written materials of that presentation have been adapted and published in the ERISA and Benefits Law Journal (Volume 4, Issue 4). He has given other speeches and lectures on employee benefits topics.
RICHARD L. MENSON is a partner in the Chicago law firm of Mc-Guire Woods LLP, practicing primarily in employee benefits and executive
compensation. He received a J.D. degree from Northwestern University Law School in Chicago, an LL.M. in Taxation from George Washington University in Washington, D.C., and a B.A. degree from Ripon College in Ripon, Wiscon-sin. He is a Charter Fellow of the American College of Employee Benefit Counsel. He is a member of the American Bar Association and is the former Chair of the Joint Committee Employee Benefits, Chair of the Employee Bene-fits and Executive Compensation Committee of the Business Law Section, and presently a member of the Employee Benefit and Executive Compensation Committee of the Business Law Section and the Employee Benefits Committee of the Section of Taxation. He is a past Chair of the Employee Benefits Section Council of the Illinois State Bar Association and of the Employee Benefits Committee of the Chicago Bar Association. He is a member of the International Pension and Employee Benefit Lawyers Association, serving as a member of the Steering Committee. He is a member of the Legal and Legislative Committee of the Profit Sharing/401(k) Council of America and has served on the ERISA Task Force of the Health Policy Committee of the Association of Private Pension and Welfare Plans. He chairs both the American Bar Association National Institute on Health and Welfare Plans and on Managed Care and appeared as a lecturer before various groups including the IPEBLA, the Profit Sharing/401(k) Council of America, American Bar Association’s National Insti-tute on Executive Compensation, Western Pension Conference, Illinois State Bar Association, Michigan State Bar Association, Illinois Institute for Continu-ing Legal Education, Lake County Bar Association, and Chicago Bar Associa-tion, and the Etheridge Society in addition to other CLE organizations and has authored a number of articles.
DONALD J. MYERS is a partner in the law firm of Reed Smith LLP, in Washington, D.C., where he practices employee benefits law with an emphasis on the fiduciary responsibility provisions of ERISA. He counsels clients on investment issues under ERISA and assists pension plans and financial institu-tions in structuring investments for plans, and represents clients before govern-ment agencies on ERISA related matters. Before entering private practice, Mr. Myers was Counsel for ERISA Regulation and Interpretation at the Department of Labor. Previously, he was Assistant Chief of the Office of Disclosure Policy and Proceedings at the Securities & Exchange Commission.
Mr. Myers is a member of the American Bar Association and Chairman of The Prohibited Transactions Subcommittee of the Tax Section Employee Benefits Committee. He previously was Chairman of the Fiduciary Responsibil-ity Subcommittee of the Business Law Section Employee Benefits and Executive Compensation Committee and a member of the Joint Committee on Employee Benefits. Mr. Myers is an Adjunct Professor at Georgetown University Law Center and is a Member of the Advisory Board of the BNA ERISA Compliance & Enforcement Library. He is also a Charter Fellow of the American College of Employee Benefits Counsel. Mr. Myers is a co-author of the book ERISA Class Exemptions (BNA Books 2d ed. 1996) and has lectured and written extensively on employee benefits issues.
Mr. Myers received his B.A. from the College of the City of New York, his J.D. from Cornell Law School, and his LL.M. (Taxation) from Georgetown University Law Center.
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About the Authors
BRUCE D. PINGREE is a partner in the Dallas, Texas, law firm of Baker & Botts. Mr. Pingree practices exclusively in the areas of employee benefits and executive compensation on behalf of clients throughout the country. Mr. Pingree is a past Chair of the American Bar Association Tax Section Employee Benefits Committee (1993–1994) and a past Chair of the American Bar Association Joint Committee on Employee Benefits. He is a past Chair of the Employee Benefits Committee of the Tax Section of the Texas State Bar, and is Chair of the Employee Benefits and Executive Compensation Section of the Dallas Bar Association. He is a frequent lecturer on employee benefits and executive compensation subjects at seminars and programs throughout the country, and has written extensively on employee benefits subjects.
Mr. Pingree’s practice includes representation of clients before all of the employee benefits regulatory agencies, and in connection with legislative activities. He represents corporations and executives with respect to all types of employee benefits and executive compensation programs, issues and contro-versies. His practice includes assisting financial institutions and organizations in the development and evaluation of products and services to be offered to employee benefit plans and their sponsors. Mr. Pingree is a Charter Fellow of the American College of Employee Benefits Counsel, and is listed in Who’s Who in America,Who’s Who in American Law,The Best Lawyers In America, Who’s Who In The South and Southwest, and Mondaq’sInternational Survey Of Leading Taxation Advisers.
Mr. Pingree received his undergraduate degree with honors in philosophy from the University of Utah and his J.D. degree from the University of Utah College of Law, where he served as Research Editor of theUtah Law Review. MICHAEL B. RICHMANis counsel in the Washington, D.C., office of Reed Smith LLP. He practices in the employee benefits and securities areas, with his principal focus being on matters under ERISA’s fiduciary responsibility rules. Mr. Richman is a 1985 graduate of Princeton University and received his J.D. degree from the Columbia University School of Law in 1988, where he was a managing editor of theColumbia Journal of Transnational Law. He has co-authored several articles on employee benefits issues and the bookERISA Class Exemptions(BNA Books 2d ed. 1996).
JOSHUA H. STERNOFFis an associate in the law firm of Paul, Hastings, Janofsky & Walker LLP in New York City. He specializes in ERISA and investment advisory related matters, with emphasis on fiduciary responsibility requirements and the investment of pension plan assets. His practice typically involves advising institutional money managers and investment advisers with respect to the requirements of ERISA and related securities laws, including the Investment Company Act of 1940 and the Investment Advisers Act. Mr. Sternoff’s work also involves counseling major institutional investor clients in the design and implementation of real estate, venture capital and other transac-tions involving ERISA-covered investors. Mr. Sternoff also advises employers and institutional trustees with respect to the structuring and implementation of pension plan investments.
Mr. Sternoff received his B.A. degree in Political Science, Phi Beta Kappa and summa cum laude, from Columbia University and his J.D. degree, cum laude, from Harvard Law School.
MARK A. VOGEL is a partner in the law firm of Weil, Gotshal & Manges in New York City, where he chairs the firm’s ERISA Practice and has extensive experience in all facets of ERISA and employee benefits generally. He specializes in the ERISA aspects of plan investments in employer securities, corporate restructurings, mergers and acquisitions, and the exercise of fiduciary duties. Mr. Vogel is also active in international benefit matters.
Mr. Vogel is active in the International Pension and Employee Benefits Lawyers Association as well as the employee benefits committee of the Ameri-can Bar Association. He has lectured and written extensively in the employee benefits area and most recently authored the Executive Compensation chapter in Corporate Counsellor’s Deskbook, Fifth Edition; the Named Fiduciaries chapter in the instant title. In addition he co-authored “Assessing Fiduciary Liability in Self-Directed Defined Contribution Plans—The Impact of the Uni-sys Case,” ERISA and Benefits Law Journal, Vol. 4, No. 3, 1996; “Limiting Potential Employer Liability in Managed Care Plans,”ERISA and Benefits Law Journal, Vol. III, No. IV, 1995; “Avoiding the Pitfalls of Nonqualified 401(k) Plans,”Journal of Deferred Compensation: Nonqualified Plans and Executive Compensation, Vol. 1, No. 1, Fall 1995 by Aspen Publishers, Inc. He is a frequent lecturer on various pension and ESOP issues and is included in The Best Lawyers in America.
Mr. Vogel received his B.S. from Syracuse University and his LL.B. from Columbia University Law School.
WILLIAM P. WADEis of counsel to the firm of Kirkpatrick & Lockhart LLP, Los Angeles, California. He specializes in fiduciary, investment manage-ment, ERISA, and related financial institution regulatory and securities matters. He has lectured and written extensively on current issues in those areas. Mr. Wade is a member of the California Bar and is past Chair of the Committee on Fiduciary Responsibility Under ERISA of the American Bar Association’s Section of Real Property, Probate and Trust Law, and is a member of that Section’s Committee on Investments by Fiduciaries. He is past Chair of the Subcommittee on Trust and Investment Services of the Business Law Section’s Banking Law Committee, and a member of the Subcommittee on Securities Activities of Banks and Fiduciaries of that Section’s Committee on Federal Regulation of Securities.
Mr. Wade received his B.S. degree, cum laude, from the University of Southern California. He received his J.D. degree from the University of Califor-nia at Los Angeles, where he was a member of theUCLA Law Review.
ARTHUR F. WOODARDis a partner in the New York office of Kaye, Scholer LLP and is the head of its employee benefits group. He has spoken extensively and authored and co-authored a number of articles, including several on fiduciary issues.
Mr. Woodard received a Juris Doctor degree from New York Law School in 1973. He received a B.A. from the City College of New York in 1966.
