ABOUT THE AUTHORS. Editors

Transcription

1 ABOUT THE AUTHORS Editors SUSAN P. SEROTA, editor of ERISA Fiduciary Law and author of Chapter 1, is a partner in the New York office of Pillsbury Winthrop Shaw Pittman LLP and National Chair of its Executive Compensation and Employee Benefits practice. She received her law degree from New York University School of Law. Ms. Serota is a former Chair of the American Bar Association (ABA) Section on Taxation, the Employee Benefits Committee of the Section on Taxation, and the ABA Joint Committee on Employee Benefits. She also served as a former member of the Executive Committee of the New York State Bar Association. Ms. Serota is a Charter Member and a past President of the American College of Employee Benefits Counsel and served on the Board of Regents of the American College of Tax Counsel. She also is a member of the Board of Trustees of the American Tax Policy Institute. Ms. Serota served as a member of the Advisory Committee to the Commissioner of the Internal Revenue Service on Tax Exempt and Governmental Entities issues from Ms. Serota was named Employment Lawyer of the Year by Chambers Women in Law U.S. Awards 2013 and has been named a Star Individual in Employee Benefits and Executive Compensation by Chambers from She has written extensively and is a frequent speaker on ERISA fiduciary issues. Ms. Serota serves as a member of the Editorial Advisory Board of Tax Management and has served as Co-Chair of the International Pension and Employee Benefits Lawyers Association. She is a member of the Advisory Board to the Center for Labor and Employment Law at NYU School of Law. ANDREW L. ORINGER, editor of ERISA Fiduciary Law and author of Chapters 5A and 12A, is the co-chair of the employee benefits and executive compensation group at Dechert LLP, and leads the firm s fiduciary practice nationally. He counsels clients on their employee benefit plans and programs, benefits-related tax matters, and fiduciary issues arising in connection with the investment of plan assets. He is the Emerging Issues Coordinator of the Employee Benefits Committee of the ABA s Section of Taxation, former cochair of the Employee Benefits Committee of the Tax Section of the New York State Bar Association, and a member of the New York State Bar Association s Committee on Attorney Professionalism. He is also a Fellow of the American College of Employee Benefits Counsel, a Senior Fellow from Practice for the xi

2 xii ERISA Fiduciary Law 2016 Cumulative Supplement Regulatory Compliance Association, and an adjunct professor at the Maurice A. Deane Law School at Hofstra University. Mr. Oringer is on Bloomberg BNA s Benefits Practice Resource Advisory Board and the Practical Law Executive Compensation and Employee Benefits Advisory Board. He is a frequent speaker and writer on a wide variety of topics, having authored a chapter contained in a leading treatise published by Bloomberg BNA on the taxation of nonqualified deferred compensation, in addition to the chapters included in ERISA Fiduciary Law. Mr. Oringer is highly rated by a number of ranking organizations, and is included in a widely disseminated list of the Top 100 lawyers in New York City across all practice areas. KATHLEEN D. BARDUNIAS, assistant editor of ERISA Fiduciary Law, is Counsel in the New York office of Pillsbury Winthrop Shaw Pittman LLP. Her practice focuses on advising employers and plan fiduciaries on the design, implementation, and ongoing administration and compliance of employee benefit and compensation plans, including 401(k) plans, defined benefit pension plans, and equity and other incentive compensation plans. Ms. Bardunias also regularly advises companies on employee benefit and executive compensation issues in the context of corporate transactions. Ms. Bardunias received her J.D., magna cum laude, from Hofstra University School of Law, where she was Managing Editor of Staff for the Hofstra Law Review. She received her LL.M. in Taxation from New York University School of Law. Contributors SHANNON M. BARRETT is a partner in the Washington, D.C., office of O Melveny & Myers LLP, where he focuses on ERISA-related litigation and advice relating to Title I of ERISA. He has been involved in litigating a broad range of ERISA matters at both the trial and appellate levels, with a particular focus on fiduciary issues. In addition to his litigation practice, Shannon has assisted clients in responding to regulatory investigations and has counseled clients including financial institutions and plan sponsors on ERISA issues such as fiduciary structure, fee disclosure, and compliance with ERISA s prohibited transaction provisions. He is a graduate of Duke University and Harvard Law School and served as a clerk for the Honorable John R. Gibson of the United States Court of Appeals for the Eighth Circuit. FREDERICK A. BRODIE was a partner at Pillsbury Winthrop Shaw Pittman LLP in New York, NY, for 19 years, and authored Chapter 18 while at Pillsbury. Mr. Brodie is now in public service. Mr. Brodie graduated from Yale Law School, where he was Executive Editor of the Yale Journal on Regulation, and from Brown University, where he graduated magna cum laude and was elected to Phi Beta Kappa. Prior to beginning his practice at Pillsbury s predecessor firm, Mr. Brodie served as law clerk for Judge Joseph L. Tauro of the U.S. District Court for the District of Massachusetts and Judge Bruce M. Selya of the U.S. Court of Appeals for the First Circuit. LISA M. CAMPBELL is a partner with the Groom Law Group, Chartered. She provides advice to health insurers, service providers, employers, consultants, and trade associations on federal laws regulating health insurance

3 About the Authors xiii programs and government enforcement and regulatory initiatives. Her practice includes all aspects of the Affordable Care Act, including insurance market reforms, qualified health plan standards, Exchange rules, and consumer assistance programs for the Federal Marketplace. Her practice also includes work on Federal Mental Health Parity and state insurance law. She is a graduate of the University of Pittsburgh School of Nursing, and received her J.D. from the Catholic University of America, Columbus School of Law. JEFFREY R. CAPWELL is a partner with McGuireWoods LLP in Charlotte, North Carolina. He is leader of the firm s employee benefits and executive compensation practice group. A significant component of his practice involves ERISA fiduciary matters. Mr. Capwell frequently lectures and writes on employee benefits and executive compensation topics, and he is co-author of Compensation Committees, Corporate Practice Series Portfolio No. 73 (Bloomberg BNA). He has been included in The Best Lawyers in America for multiple consecutive years. He received his J.D. degree, magna cum laude, from Syracuse University College of Law, where he was Editor-in-Chief of the Syracuse Law Review. He received his A.B. degree, cum laude, from Dartmouth College. DAVID A. COHEN is in-house fiduciary counsel with Evercore Trust Company. He provides advice and guidance on a broad range of ERISA matters relating to all aspects of Evercore Trust Company s business, including among other things prohibited transaction issues, ERISA disclosure obligations, trustee and investment management duties, and regulatory compliance. Mr. Cohen received his J.D. degree from The American University Washington College of Law, and his LL.M. in Taxation with distinction, with a Certificate in Employee Benefits Law, from Georgetown University Law Center. Mr. Cohen also holds an M.A. in International Economics and Finance from the Brandeis University International Business School. Mr. Cohen is an active member of the ABA s Labor and Employment Law, Taxation, and TIPS Sections, and regularly speaks and writes on a variety of ERISA-related topics. DAVID M. COHEN is a partner in the New York office 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 Bar and is a member of the ABA s Business Law Section. 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 the author of Schulte Roth & Zabel s An Overview of ERISA Concerns for Investment Advisors and ERISA Considerations When Managing a Plan Asset Look-Through Hedge Fund. Mr. Cohen also worked at the U.S. Department of Labor where he gained extensive knowledge of Title I of ERISA. A large part of Mr. Cohen s practice focuses on the application of ERISA s fiduciary standards to the investment activities of the financial services industry. Mr. Cohen received his Bachelor of Arts degree from Columbia University in 1978, and his J.D. degree from the National Law Center, George Washington University in DAVID W. ELLIS is a partner in the Chicago office of Baker & McKenzie LLP and is an internationally recognized expert in the area of employee benefits and executive compensation. He has a wide range of experience in all aspects

4 xiv ERISA Fiduciary Law 2016 Cumulative Supplement of employee benefits, including: global mobility, international pension funds, offshore trusts, and global stock plans. Mr. Ellis is actively involved in the Tax Section of the ABA. He is a 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 compensation and employee benefits and has authored numerous articles, most recently in Corporate Taxation and Taxes magazine. Mr. Ellis is also the author of Structuring International Transfers of Executives, published by Research Institute of America (March 2007). 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 J.D. degree. JASON R. ERTEL is Counsel with Paul, Weiss, Rifkind, Wharton & Garrison LLP in the Executive Compensation and Employee Benefits Practice Group, where he advises on all aspects of executive compensation, ERISA, and other employee benefit matters, both within the context of corporate transactions as well as on a day-to-day basis. Mr. Ertel also counsels hedge funds and private equity funds in connection with ERISA compliance, plan asset rules, and related fiduciary issues. Mr. Ertel s practice includes the representation of public and private companies, management teams, and compensation committees in negotiating and implementing employment, severance, change in control, and deferred compensation arrangements, and cash- and equity-based incentive compensation plans, as well as advising them on related issues under tax and securities laws. He has authored articles about employee benefits and compensation issues, including for The Metropolitan Corporate Counsel, and is co-author of the book Public Company Stock Incentive Plans Line by Line: A Detailed Look at Stock Incentive Plans and How to Change Them to Meet Your Clients Needs (Aspatore Books 2011). Mr. Ertel received his J.D. from the Columbia University School of Law, where he was a Harlan Fiske Stone Scholar, and received his Bachelor of Arts degree, magna cum laude, from the University of Notre Dame. THERESA S. GEE is a member of Miller & Chevalier Chartered. Her practice focuses on ERISA litigation and fiduciary advice and counsels clients on diverse issues, including those related to fee and participant disclosures, employer stock, plan assets, and investment selection and monitoring. She also advises clients in investigations and inquiries brought under ERISA by regulatory agencies. Tess formerly served with the U.S. Department of Labor s Office of the Solicitor, where she was Deputy Associate Solicitor in the division responsible for providing legal counsel and litigation for matters arising under ERISA. She is a graduate of the University of California, Berkeley, and the University of California, Hastings College of the Law. PAGE W. GRIFFIN is an associate in the Washington, D.C., office of Skadden, Arps, Slate, Meagher & Flom LLP, where he is a member of the firm s Executive Compensation and Benefits Department. His practice emphasizes executive compensation and employee benefits issues, with an emphasis on issues arising in the context of mergers, acquisitions, initial public offerings, and other

5 About the Authors xv corporate matters. Mr. Griffin received his J.D. degree from Tulane University Law School and his B.A. degree from Davidson College. STEPHEN H. HARRIS is a managing partner in the law firm of Paul Hastings LLP and co-chair of the firm s ERISA and Employee Benefits practice. He devotes his practice to executive compensation, employee benefits, and workforce restructuring matters. Mr. Harris advises clients regarding fiduciary, plan design, and administrative matters. Mr. Harris also represents clients in benefits litigation involving unique and thought-provoking legal issues. Mr. Harris received his B.A. degree in psychology from the University of California, Los Angeles. He received his J.D. degree from the University of Southern California. He is admitted to practice in the State of California. GARY W. HOWELL is a partner in the Employee Benefits & Executive Compensation Department of the law firm Katten Muchin Rosenman LLP, and is a member of the Illinois and New York bars. He received B.A. and J.D. degrees from the University of Iowa, where he has been a member of the adjunct faculty of the College of Law. MICHAEL K. KAM is a senior counsel with Linklaters LLP and heads up its U.S. executive compensation, benefits, and ERISA practice. Michael practices in the areas of executive compensation, private investment funds, fiduciary duties, prohibited transactions, pension investments, employee benefits, and employee retention in business restructurings. He works regularly on employee matters arising in a variety of transactions (including mergers & acquisitions, capital market transactions, financings, and business restructurings). Michael received his B.A. in Economics from the University of Hawaii and his J.D. from George Washington University. ERIC R. KELLER is a partner in the law firm of Paul Hastings LLP in Washington, D.C. He specializes in all aspects of employee compensation and benefits law and writes and speaks frequently on these topics. Mr. Keller received his B.B.A. in accounting and finance from Ohio University, cum laude, his J.D. from Capital University Law School, magna cum laude, where he served as editor-in-chief of the Capital University Law Review, and his LL.M. in taxation from New York University School of Law. Before practicing law, Mr. Keller served as law clerk to the Honorable Maurice B. Foley, United States Tax Court. MARCIA C. KELSON is a partner at Jones Day, resident in the Pittsburgh, Pennsylvania, office, where she is a member of the firm s Employee Benefits & Executive Compensation group. Ms. Kelson received her B.A. degree from Vanderbilt University, magna cum laude, in She received her J.D. from Boston University, cum laude, in Ms. Kelson concentrates her practice on complex employee benefit plan matters arising under ERISA, including transaction-related issues, pension de-risking, ESOP, and employer stock contribution transactions. In addition, Ms. Kelson has a wide range of experience with respect to benefits-related issues facing higher education and nonprofit employers. ARTHUR G. KENT is Counsel in the Atlanta office of Jones Day; he previously practiced in that firm s New York office. He has specialized in tax law for approximately the last 39 years and has had extensive experience in employee benefits and executive compensation law. Mr. Kent received his J.D. degree in 1975 from the Columbia Law School (where he was a Harlan Fiske

6 xvi ERISA Fiduciary Law 2016 Cumulative Supplement Stone Scholar), and an LL.M. in Taxation in 1981 from New York University School of Law. He earned his A.B. degree in 1972 from Princeton University, where he studied on a Carpenter Foundation Merit Scholarship and concentrated 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 spoken at the Georgia Institute of Continuing Legal Education and at other professional programs. TAMARA S. KILLION is a partner with Groom Law Group, Chartered. Her practice includes all aspects of the Affordable Care Act, and she provides advice on compliance, government enforcement actions, and legislative and regulatory initiatives. She also provides employers with advice regarding plan design, claims administration, compliance with ERISA s fiduciary responsibility provisions, and HIPAA requirements. She is a graduate of Vanderbilt University, and received her J.D. from the University of Chicago. Ms. Killion served as a clerk for the Honorable Carlos F. Lucero of the United States Court of Appeals for the Tenth Circuit. KURT L.P. LAWSON, author of the Pension Protection Act of 2006 appendix to this ERISA Fiduciary Law Supplement, is a partner in the Washington, D.C., office of Hogan Lovells US LLP. He received his law degree from the University of Virginia and his undergraduate and graduate degrees from Yale University. Mr. Lawson chaired the Employee Benefits Committee of the ABA Section on Taxation in , and is a member of the Board of Governors of the American College of Employee Benefits Counsel and the Council of the ABA Section of Taxation. He is a frequent speaker and writer on employee benefits issues and is listed in Chambers USA and The Best Lawyers in America. He was an adjunct professor at the Georgetown University Law Center from 2004 through He worked for the Tax Policy Division of the Department of the Treasury from 1989 through RICHARD I. LOEBL is Senior Counsel in the New York office of the international law firm Seyfarth Shaw LLP, practicing primarily in employee benefits and executive compensation. He has a Bachelor of Arts degree, cum laude, from Harvard University, a Ph.D. in mathematics from the University of California, Berkeley, and a J.D., summa cum laude, from the University of Detroit School of Law. 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. As a law student, he was a student liaison to the ABA 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 Michigan Tax Lawyer, Benefits Law Journal, National Law Journal, ERISA and Benefits Law Journal, Bulletin of the American Society of Employers, and NYU Annual Conference on Labor. He is co-author of a chapter on Retirement Benefits for Governmental Employees appearing

7 About the Authors xvii in Local Government Law and Practice in Michigan, published in 1999 by the Michigan Municipal League and the Michigan Association of Municipal Attorneys. He was Chair of the Committee on Fiduciary Responsibility, Administration and Litigation of the ABA Section of Real Property, Probate and Trust Law and was co-editor and a contributing author of the Committee s Special Report on The Common Law of Individual Prohibited Transaction Exemptions. He has been a discussion leader, panelist, and speaker at ABA meetings, and presented at the annual meeting of the National Association of College and University Attorneys. He has written many articles and given many speeches and lectures on employee benefits and executive compensation topics. He is a fellow of the American College of Employee Benefits Counsel and has been included in The Best Lawyers in America. DONALD J. MYERS is a retired partner in the law firm of Morgan, Lewis & Bockius LLP, in Washington, D.C., where he represented corporations and financial institutions on a variety of benefits matters. He specializes in the fiduciary responsibility provisions of ERISA, counseling clients on investment issues under ERISA, assisting financial institutions in structuring investments for plans, and representing clients before the U.S. Congress and government agencies such as the Department of Labor, the Pension Benefit Guaranty Corporation, the Internal Revenue Service, the Securities and Exchange Commission, and federal and state banking regulators. 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 has chaired various subcommittees of the ABA. He has been Chairman of the Fiduciary Responsibility Subcommittee of the Business Law Section Committee on Employee Benefits and Executive Compensation, and the Prohibited Transactions and Pension Legislation Subcommittees of the Taxation Section Committee on Employee Benefits. He has also been an Adjunct Professor at Georgetown University Law Center. He is a Charter Fellow of the American College of Employee Benefits Counsel, and a board member of the BNA Pension and Benefits Advisory Board. Mr. Myers is listed in The Best Lawyers in America and is recognized in Chambers USA as one of America s leading benefits lawyers. Mr. Myers is a co-author of the book ERISA Class Exemptions (Bloomberg BNA 4th ed and supplements) and has lectured and written extensively on employee benefits issues. KEVIN R. NOBLE is a partner in the Washington, D.C., office of Jones Day. He is a member of the firm s Employee Benefits and Executive Compensation practice, where he focuses on fiduciary responsibility matters. He advises plan sponsors, fiduciaries, and service providers on issues important to employee benefit plans and the employers who sponsor them. Mr. Noble has particular experience with settling legacy pension and retiree health benefit liabilities, both in and out of bankruptcy. In addition to his counseling practice, Mr. Noble also represents employee benefit plan parties in litigation and in disputes and regulatory investigations before the Pension Benefit Guaranty Corporation, the Department of Labor, and the Internal Revenue Service. He is a graduate of the University of Virginia and the George Mason University School of Law.

8 xviii ERISA Fiduciary Law 2016 Cumulative Supplement DAVID C. OLSTEIN is Of Counsel to the Groom Law Group, Chartered, in Washington, D.C. Mr. Olstein works in Groom s Fiduciary Practice Group, primarily focusing on investment, fiduciary, and prohibited transaction issues. Mr. Olstein regularly advises fund sponsors on ERISA matters, including the application of ERISA s plan asset rules, in connection with the establishment and operation of private investment funds. He also represents asset managers in connection with the investment of plan assets and issuers and underwriters in connection with the marketing of securities to investors subject to ERISA. He is currently a member of the New York City Bar Association Committee on Employee Benefits and Executive Compensation and is a former chair of the Subcommittee on Fiduciary Duties. Mr. Olstein received his J.D. degree in 1994 from the University of Virginia School of Law, where he was an executive editor of the Virginia Law Review, and received his B.A. degree in 1990 from the Johns Hopkins University. MICHAEL POLAND is an associate in the Chicago office of Baker & McKenzie LLP, and his practice focuses on employee benefits and executive compensation. He has a broad range of experience, including the implementation of tax-qualified employee benefit plans, the correction of plan failures, the structuring of deferred compensation and equity compensation arrangements, and the negotiation of executive employment agreements. Further, he advises clients on employee benefits and executive compensation matters in domestic and international mergers and acquisitions. Mr. Poland also advises clients on the structuring of investment funds in cases that involve investments by employee benefit plans, and he counsels investment advisers on ERISA plan assets issues. He has extensive experience with the venture capital operating company and real estate operating company rules under ERISA. Mr. Poland is also a contributing author to Corporate Taxation. Mr. Poland graduated from the University of Illinois in 1999 with a Bachelor of Arts degree in economics and from The John Marshall Law School in 2005 with a J.D. degree (cum laude) and LL.M. Tax (with honors). STEVEN W. RABITZ is a Partner and Practice Leader in Employee Benefits and Executive Compensation at Stroock & Stroock & Lavan LLP and concentrates in the fiduciary responsibility, prohibited transaction, and funding rules of ERISA, the tax, securities and other legal considerations associated with executive and other incentive compensation, and the rules applicable to the design, implementation, and ongoing operation of retirement, health, and other benefits. He regularly advises broker-dealers, investment managers, insurance companies, and other financial market participants on the ERISA (and related) considerations associated with the structuring, developing, and offering of financial products and services and also represents both public and private companies on a wide variety of compensation and benefit-related matters, including cross-border related considerations. Mr. Rabitz speaks and writes widely on topics of interest across employee benefits and executive compensation matters, including at the Practising Law Institute, and has been listed in Chambers USA: America s Leading Lawyers for Business since 2010 as a leader in the field of employee benefits and executive compensation. He has also been recognized by Best Lawyers for his work

9 About the Authors xix in employee benefits (ERISA) law. Mr. Rabitz has also been nationally recommended by The Legal 500 United States. In 2015, Mr. Rabitz received a coveted Burton Award for excellence in legal writing: one of 35 winners chosen from the nominations submitted by the nation s top 1,000 law firms. He received a B.A. summa cum laude from Brandeis University, where he also was elected as a member of Phi Beta Kappa, and received a J.D. from New York University School of Law, cum laude, and where he also received an LL.M. in Taxation. KATIE M. RAK is senior counsel with McGuireWoods LLP in Chicago, Illinois, where she is a member of the firm s employee benefits and executive compensation practice group. In her practice, Ms. Rak assists clients with the design, implementation, and maintenance of retirement and health and welfare plans, including associated fiduciary considerations. She has extensive experience representing clients in interactions with the Department of Labor and the Internal Revenue Service, particularly with voluntary compliance program submissions. Ms. Rak also provides advice on benefits-related aspects of corporate transactions and assists in agreement preparation, due diligence, and posttransaction benefit plan integration. She received her Bachelor of Arts degree in American Studies from The University of Notre Dame and her J.D. degree from The University of Notre Dame Law School. MICHAEL B. RICHMAN is a partner in the Washington, D.C., office of Morgan, Lewis & Bockius LLP. He practices in the employee benefits and investment management areas, with a principal focus 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 the Columbia Journal of Transnational Law. He has co-authored several articles on employee benefits issues and the book ERISA Class Exemptions (Bloomberg BNA 4th ed and supplements). WILLIAM E. RYAN III is Managing Director and Chief Fiduciary Officer of Evercore Trust. Mr. Ryan joined Evercore Trust from Morgan Stanley, where he was an Executive Director in the Legal and Compliance Division and Head of ERISA Law, responsible for coordinating ERISA and qualified tax issues for Morgan Stanley s Institutional Securities Group (Institutional Brokerage), Morgan Stanley Investment Management (Asset Management), and Morgan Stanley Smith Barney (Retail Brokerage). Prior to joining Morgan Stanley, Mr. Ryan was the Chief ERISA/Benefits Counsel for Prudential Financial, Inc., from 1995 through 2004, handling ERISA-related HR, compensation, and product issues for Prudential Insurance, and was in private practice in New York from 1987 through 1995, specializing in ERISA issues. On behalf of various industry groups, Mr. Ryan has met with and testified before the U.S. Department of Labor, the Treasury Department, the White House, and various state regulators on fiduciary and other retirement issues. He has also served in various industry groups, including the SIFMA Retirement Committee (where he serve as co-chair from ). Mr. Ryan holds an A.B. Degree in History from Princeton University in 1984, a J.D. from Stanford Law School in 1987 (where he was an editor of the Stanford Law Review), and a Masters in Taxation (LL.M.) from New York University School of Law in 1995.

10 xx ERISA Fiduciary Law 2016 Cumulative Supplement CHARLES R. SMITH is a partner in K&L Gates LLP where he concentrates his practice on corporate transactions involving Employee Stock Ownership Plans, fiduciary aspects of employee benefit plans, employee benefits, and executive compensation. Mr. Smith joined K&L Gates in Mr. Smith is active as a speaker on Employee Stock Ownership Plans and employee benefit topics across the country. He has also written a handbook entitled Employee Stock Ownership Plans: An Overview. Mr. Smith has been included in The Best Lawyers in America for over 25 years. Mr. Smith received his J.D. degree, cum laude, in 1974 from the University of Pittsburgh School of Law, where he was Managing Editor of the Law Review and Order of the Coif, and received a B.S., magna cum laude, in 1970 from Syracuse University. WILLIAM P. WADE is of counsel in the Los Angeles office of K&L Gates LLP. Mr. Wade concentrates his practice in investment management, ERISA, fiduciary, regulatory, and related securities and tax matters for financial institutions. He has assisted banks, trust companies, investment advisers, and other financial institutions in planning for, and creating, collective investment funds, proprietary mutual funds, and other investment management vehicles, products, and services for individual and institutional investors, including employee benefit plans subject to ERISA. He also has assisted these institutions in addressing legal problems arising under ERISA and other fiduciary laws and applicable banking regulations. Mr. Wade focuses a large portion of his practice on banksponsored collective investment funds. He is the author of a book published by the American Bankers Association in 2015 entitled Bank-Sponsored Collective Investment Funds: Multi-Dimensional Regulation, which explores federal banking, securities, and tax laws, as well as federal standards of fiduciary responsibility under ERISA that regulate typical collective investment fund structures and day-to-day operations, and numerous other articles and publications dealing with fiduciary and investment management issues. Prior to entering private practice, Mr. Wade was a member of the Office of General Counsel of a large banking and financial institution for more than 10 years, where his responsibilities included advising the bank s trust and investment management departments and affiliates.