Representing Estate and Trust Beneficiaries and Fiduciaries
Why Attend?
Gain the knowledge and skills to prepare for the expected surge in fiduciary litigation as a result of today's financial crisis!
In recent years, lawyers who specialize in representing estate and trust beneficiaries and fiduciaries have seen a steady rise in litigation. The current economic meltdown is certain to increase lawsuits claiming a breach of fiduciary duty. This annual advanced course of study, comprising more than 13 hours of in-depth instruction, features many of the nation's top fiduciary litigation experts who both address current developments and offer concrete, practical strategies to help you successfully guide your clients through the litigation process. In these difficult times, this course is a must for lawyers and other professionals in the estate and trust field. Time is reserved throughout the program to address your specific issues and questions.
Special Feature! Registrants at the live program have the unique opportunity to take part in small, focused, and interactive discussions with faculty and participants at informal roundtables held throughout the program. Looking to get published? Attend Thursday's lunch roundtable and learn how your piece can be included in an upcoming book by Professor Robert Whitman. Need help with problem beneficiaries? Get specific tips on dealing with a dysfunctional beneficiary from Dr. Mark Braunsdorf at Friday's breakfast roundtable.
What You Will Learn
This comprehensive course examines current developments affecting fiduciaries and offers hands-on techniques to help you advise your clients. Topics include:
The "melt-down” and its implications for investment and smoothing rules
The current fiduciary litigation landscape and its impact on traditional policies
Fiduciary burnout - how to avoid it
Duty to disclose to beneficiaries
Court shopping
Whether beneficiary interests count more than settlor wishes
New insights into portfolio risk and modeling
Trustee protection when deciding whether to decant
Transmitting well-being rather than wealth
Risk in the charitable trust
Is diversification enough to meet the standard of prudence?
Who Should Attend
The course is designed for lawyers representing fiduciaries and beneficiaries, risk managers, investment officers and relationship managers, investment advisors, estate planning and estate and trust administration professionals, and investment advisors and financial planners.
Planning Chairs
Donald P. DiCarlo, Jr., Managing Director, Wealth Planning, Wilmington Trust Company, Villanova, Pennsylvania
Steven M. Fast, Day Pitney LLP, West Hartford, Connecticut
Robert Whitman, University of Connecticut School of Law, Hartford, Connecticut
Faculty
David C. Blickenstaff, Schiff Hardin LLP, Chicago
Mark S. Braunsdorf, The Avalon Psychological Group, Inc., Hartford, Connecticut
John T. Brooks, Foley & Lardner LLP, Chicago
Dominic J. Campisi, Evans, Latham & Campisi, PC, San Francisco
Stephen Campisi, CFA, Bank of America, Hartford, Connecticut
James R. Carey, Levin & Schreder Ltd, Chicago
Charles E. Coates III, Whitman Breed Abbott & Morgan LLC, Greenwich, Connecticut
Robert E. Hamilton, Hamilton Thies Lorch & Hagnell LLP, Chicago
Howard M. Helsinger, Sugar & Felsenthal LLP, Chicago
Keith J. Hesse, Carlton Fields, P.A., Orlando, Florida
David R. Hodgman, Schiff Hardin LLP, Chicago
Karen K. Mackay, Burke, Warren, Mackay, & Serritella, P.C., Chicago
Charles W. Pieterse, Whitman Breed Abbott & Morgan LLC, Greenwich, Connecticut
Robert A. Romanoff, Levenfeld Pearlstein, LLC, Chicago
Susan D. Snyder, Northern Trust, Chicago
Rebecca Wallenfelsz, Chapman and Cutler LLP, Chicago
Samantha E. Weissbluth, Foley & Lardner LLP, Chicago
Brian D. Wodar, Bernstein Global Wealth Management, Chicago
Lauren J. Wolven, Horwood Marcus & Berk Chartered, Chicago
Kevin J. O'Connor, Senior Assistant Director, Office of Courses of Study
NETWORKING OPPORTUNITIES Networking is an important reason to attend this and every other ALI-ABA course of study. The registrants for last year’s presentation of this course came from 22 states!
Program Schedule
THURSDAY, JULY 16, 2009
7:45 a.m. Registration
WEBCAST SEGMENT A - Battleground Issues
8:45 a.m. Lessons from the "Sigma Seven" Melt-Down and the Litigation Landscape - Mr. D. Campisi
10:15 a.m. Networking Break, Comments, and Questions
10:30 a.m. The Duty To Disclose Beneficiaries - Messrs. Blickenstaff and Hodgman
11:15 a.m. Get Me to the Court on Time: Jurisdiction and Choice - Mr. Hesse
12:00 p.m. Lunch Break and Roundtable*
WEBCAST SEGMENT B - Trustee vs. Settlor
1:30 p.m. Settlor Intent: Who Cares Anymore - Mr. Carey
2:00 p.m. Modifying Irrevocable Trusts - Mr. Hamilton
2:30 p.m. Exculpation and Proaction - Messrs. Pieterse and Coates
3:15 p.m. Networking Break, Comments, and Questions
3:30 p.m. The Demand to Decant: Protecting the Trustee - Ms. MacKay
4:15 p.m. The Well-Being Trust: It's About More Than Portfolio Performance - Professor Whitman
4:45 p.m. Fiduciary Burnout: Spotting and Fixing Before Being Burned - Dr. Braunsdorf
5:15 p.m. Questions and Answers
5:30 p.m. Adjournment for the Day
FRIDAY, JULY 17, 2009
8:15 a.m. Roundtable**
WEBCAST SEGMENT C - Managing Risk
8:45 a.m. The Litigation Landscape (continued) - Mr. D. Campisi
10:15 a.m. Networking Break, Comments, and Questions
10:30 a.m. Does Diversification Require Sophisticated Assets? - Ms. Wallenfelsz
11:15 a.m. The Updated Risk Management Primer - Mr. Brooks and Ms. Weissbluth
12:00 p.m. Lunch Break and Roundtable***
WEBCAST SEGMENT D - Current Trust Issues
1:30 p.m. Yale Portfolio Envy: A New Understanding of Performance Risk - Mr. S. Campisi
2:30 p.m. The Impact of the Melt-Down on Smoothing Rules: Total Return Traps and Fixes - Ms. Snyder
3:15 p.m. Networking Break, Comments, and Questions
3:30 p.m. Advising the Beneficiary Litigant: What To Raise and When To Fold - Mr. Helsinger
4:15 p.m. Communicating Complex Planning Matters - Mr. Romanoff
4:45 p.m. Transmitting Wisdom Along with Wealth - Ms. Wolven
5:15 p.m. Questions and Answers
5:30 p.m. Adjournment
*Informal Roundtable (1:00 - 1:30), Your Opportunity To Publish Now - Professor Whitman (Not webcast or recorded)
**Informal Roundtable (8:15 - 8:45), Managing Difficult Beneficiaries - Dr. Braunsdorf (Not webcast or recorded)
***Informal Roundtable (1:00 - 1:30), Smoothing Rule Warm-Up: Is the 12-Trailing Quarters Rule Now Irrelevant? - Messrs. Fast and Wodar (Not webcast or recorded)
Note: The discussions include at least one full hour on ethics and professional responsibility
issues, accepted as such by most, but not all, MCLE jurisdictions.
Total 60-minute hours of instruction: 13.5, NOTE: The discussions include at least one full hour on ethics and professional responsibility issues, accepted as such by most, but not all, MCLE jurisdictions.
Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter
Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments
Level of Instruction: Advanced
Here's what registrants have said about this course:
The strength of this program is it’s predictability – great materials, experienced and knowledgeable presenters, inclusive content.
The most complete CLE available for the attorney practicing in the trust and estate administration area. I look forward to returning next year.
Great program with an outstanding faculty. I learn something new at each session. Practical, down-to-earth approach. – John O’Brien
Excellent course. Thank you
I like the efforts to add value through the networking sessions and roundtable discussions. This is a great course and I believe you have made it even better.
Times
Video Webcast
9:45 a.m. Eastern Time
8:45 a.m. Central Time
7:45 a.m. Mountain Time
6:45 a.m. Pacific Time (also Arizona, during daylight savings)
5:45 a.m. Alaska
3:45 a.m. Hawaii
