Kutak Rock of counsel Ruth Marcott and partner John Schembari will present at the 70th Annual Employee Benefits Conference, hosted by the International Foundation of Employee Benefit Plans. The conference takes place from Sunday, November 10 to Wednesday, November 13 in San Diego, California.

He will present "Fiduciary Responsibility Basics" on Monday, November 11 from 10:45 to 11:45 a.m. (PT). John will discuss the following topics in his presentation:

• Understanding your obligations
• Financial oversight
• Benefit payments
• Collections of contributions and withdrawal liability
• Securing data and privacy
• Trust fund business vs. union business
• Familiarity with fund policies and procedures
• What duties can or should be delegated?
• What are your responsibilities for reporting to participants?

Ruth will co-present "Wearing the Right Hat at the Right Time - The Two-Hat Dilemma" twice at the conference; first on Tuesday, November 12 from 9:15 to 10:15 a.m. (PT) and then again on Wednesday, November 13 from 7:30 to 8:30 a.m. (PT). The discussion will examine real-life scenarios that demonstrate the fine line between outside interests and the interest of the participants. Topics will include:

• Difficult and uncomfortable decisions
• Understanding your co-fiduciary responsibility
• Tools and processes for effective decision making
• Appropriate documentation and due diligence

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Ruth has extensive litigation and other dispute-related experience. She has litigated numerous ERISA fiduciary cases, including those asserting prohibited transaction violations, excessive fees or other alleged failures in the duties of care and loyalty. She has tried, arbitrated and litigated withdrawal liability under the MPPAA, including those challenging actuarial assumptions. She has also litigated health plan and health law issues, including PBM contracting issues, coverage issues, 340B ceiling prices and false claims act issues. In addition, she provides advice and counsel to clients (which include Taft-Hartley multiemployer plans and governmental plans) on federal and state benefits laws, including ERISA, IRC, ACA, the MPPAA, 340B and the FCA. 

John is a nationally recognized speaker on employee benefits, executive compensation, tax and privacy matters, speaking several times each year throughout the U.S. to crowds numbering in the thousands. John also presents webinars on various health and welfare topics to hundreds of employers each month. In addition, he is a frequently sought author and contributor to industry law journals, magazines and digital media outlets.