Fred Reish: Lawyer with Drinker Biddle & Reath LLP

Fred Reish

Partner
Los Angeles,  CA  U.S.A.
Phone(310) 203-4047

Peer Rating
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AV® Preeminent

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Practice Areas

  • Employee Benefits & Executive Compensation
  • Financial Services ERISA
  • Government & Regulatory Affairs
  • California HR
  • Tax
  • Investment Management
  • Retirement Income Team
 
University Arizona State University, B.S.
 
Law SchoolUniversity of Arizona James E. Rogers College of Law, J.D.
 
Admitted1969, Arizona; 1971, California
 
Biography

C. Frederick Reish is a partner in the firm's Employee Benefits & Executive Compensation Practice Group, Chair of the Financial Services ERISA Team and a member of the Retirement Income Team. His practice focuses on fiduciary issues, prohibited transactions, tax-qualification and retirement income. He works with both private and public sector entities and their plans and fiduciaries; represents plans, employers and fiduciaries before the governing agencies (e.g., the IRS and the DOL); consults with banks, trust companies, insurance companies and mutual fund management companies on 401(k) investment products and issues related to plan investments and retirement income; and represents of broker-dealers and registered investment advisers on issues related to fiduciary status and compliance, prohibited transactions and internal procedures.

Fred serves as a consultant and expert witness on ERISA litigation and FINRA arbitration, with a focus on cases involving broker-dealers, registered investment advisers, financial service companies and other service providers. Fred's experience includes advising insurance companies and investment managers of the development of products and services that are consistent with ERISA's fiduciary standards and prohibited transaction restrictions, including retirement income investments and guarantees. Fred is also a consultant member of the Institutional Retirement Income Council (IRIC), which focuses on retirement income issues and products.

Professional Recognition and Awards. Fred has received a number of awards for his contributions to benefits education, communication and service, including:

· Selection by PLANADVISER magazine as one of the 5 "Legends" of the retirement industry and with retirement advisers.

· The American Society of Pension Professionals & Actuaries (ASPPA)/Morningstar 401(k) Leadership Award for directly and positively influencing the ability of Americans to build successful retirements.

· Selection by PLANSPONSOR magazine as one of the 15 Legends in the development of retirement plans.

· Recognition by 401kWire as the 401(k) Industry's Most Influential Person for 2007 (and has, for every year of that survey, been in the top 10).

· Recongition by RIABiz as one of 2012's most influential individuals in the 401(k) industry affecting RIAs.

· Recipient of the IRS Director's Award and the IRS Commissioner's Award for his contributions to employee benefits education.

· Received Lifetime Achievement Awards from PLANSPONSOR magazine and from Institutional Investor for his contributions to the benefits community.

· Received the Eidson Founder's Award from ASPPA for his significant contributions to that organization and to the benefits community.

· Recognition as one of "The Best Lawyers in America."

· Received the Alumni Service Award from Arizona State University.

On behalf of ASPPA, he has co-authored amicus curiae briefs with the Supreme Court of the United States in the case of Patterson v. Shumate and with the Tax Court in the case of Citrus Valley Estates v. Commissioner of Internal Revenue.

Publications. Fred has written four books and over 350 articles on fiduciary responsibility, prohibited transactions, IRS and DOL audits, and pension plan disputes. He authors a monthly column on 401(k) fiduciary responsibility for PLANSPONSOR magazine, and has written a quarterly column on that subject for the Journal of Pension Benefits.

As an experienced lawyer on benefits matters, Fred is frequently quoted by both professional and public publications, including The Wall Street Journal, Fortune, Forbes, Inc., CFO Magazine, New York Times, Washington Post, Los Angeles Times, USA Today, Institutional Investor, PLANSPONSOR, and Pensions & Investments.

Speaking Engagements. Fred is a nationally known speaker on fiduciary responsibility, technical compliance matters and litigation issues. He has spoken at the annual conferences of the American Bar Association, the American Society of Pension Professionals and Actuaries, the Western Pension and Benefits Conference, the Enrolled Actuaries Conference, the International Foundation of Employee Benefit Plans, and the National Institute of Pension Administrators.

In General. Fred received a J.D. from the University of Arizona James E. Rogers College of Law and B.S. from Arizona State University.

Publications

10/01/2013
Pioneer Investments and fi360

®
Custom Target Date Funds - Assessing the Best Fit

09/01/2013
The Next Evolution in Defined Contribution Retirement Plan Design
Selecting Lifetime Income Solutions: Practical Fiduciary Considerations

08/14/2013
PLANSPONSOR
Participant Investing

07/29/2013
Drinker Biddle Memorandum
Drinker Biddle Response to Controversial Yale Letters

07/23/2013
Client Bulletin
The "Yale Professor Letters": What Sponsors Need to Know (and Do) Now

07/17/2013
PLANSPONSOR
Plan Committees Beware

06/12/2013
J.P. Morgan White Paper
Fiduciary implications: Using re-enrollment to improve target date fund adoption

06/04/2013
Client Bulletin: GAO Report on Rollovers
IRA Rollover Services and Responsibility of Plan Sponsors

06/01/2013
PLANSPONSOR
Is 70 the New 65?

05/24/2013
NAPA Net
Helping Your Plan Sponsor Clients Avoid Prohibited Transactions

05/13/2013
Client Alert
Retirement Income Team Newsletter

05/01/2013
PLANSPONSOR
Responsible Parties: How to ensure fee disclosures were made

04/15/2013
NAPA April 2013 Newsletter
ERISA 408(b)(2) After Effects: Form 5500 Filings

04/03/2013
April 2013 Edition
Plan Sponsor Newsletter

03/13/2013
Drinker Biddle White Paper
Lincoln Secured Retirement Income(SM) Solution: Addressing Participant Retirement Income Risks

03/01/2013
PLANSPONSOR
Fully Formed: Prohibited transactions must be reported on Form 5500

02/26/2013
Drinker Biddle White Paper
The Benefits of Mandatory Distributions

02/25/2013
Client Newsletter
ERISA Newsletter for Retirement Plan Service Providers

02/14/2013
Client Bulletin
Providing Guaranteed Lifetime Income Benefits: Managing Fiduciary Responsibility

02/01/2013
PLANSPONSOR
Prudent Process: Under 408(b)(2), sponsors have a duty to evaluate advisers

01/31/2013
Client Alert
Retirement Income Team Newsletter

01/23/2013
Plan Consultant
Participant Disclosure Regulations: Challenges for Recordkeepers

01/14/2013
PLANSPONSOR
Duty Bound: Required reading: 408(b)(2) prohibited transaction rules

01/09/2013
Client Bulletin
Individual Brokerage Accounts: What Plan Sponsors Must Disclose to Participants

12/01/2012
PLANSPONSOR
Devil in the Details: IPSs need specific criteria when it comes to TDFs

11/12/2012
TD Ameritrade White Paper
Fiduciary Considerations in Offering a Brokerage Window

11/01/2012
Employee Benefits & Executive Compensation Client Bulletin
ERISA Newsletter for Retirement Plan Service Providers

11/01/2012
PLANSPONSOR
The Not-So-Fine Print: Fiduciaries have a duty to understand provider agreements

10/29/2012
Client Alert
Retirement Income Team Newsletter

10/12/2012
PLANSPONSOR
Age of Reason: How to evaluate adviser compensation under 408(b)(2)

10/03/2012
Journal of Pension Benefits
"Open" Multiple Employer Plans After Advisory Opinion 2012-04A: An Assessment

10/03/2012
Journal of Pension Benefits
ERISA Compliance Issues for Plan Providers: The DOL Consultant/Adviser Project

09/10/2012
PLANSPONSOR
Crystal Ball Part 2: Help sponsors manage 401(k) plan risk

08/13/2012
PLANSPONSOR
Crystal Ball: What litigation might be coming to 401(k) plan sponsor

07/31/2012
Employee Benefits & Executive Compensation Client Bulletin
ERISA Newsletter for Retirement Service Providers

07/18/2012
PLANSPONSOR
Recipe for Success: Lifetime retirement income is the key ingredient for an effective 401(k) plan

07/11/2012
Plan Consultant
Full Disclosure: The Impact of the Final 408(b)(2) Regulation on TPAs

07/10/2012
Employee Benefits & Executive Compensation Client Bulletin
ERISA Service Provider Disclosures: What Plan Sponsors Need to Do Now

07/02/2012
PLANSPONSOR
Many Happy Returns: Through QDIA's, it is win-win for sponsors and participants

06/15/2012
PLANSPONSOR
Getting Older:The graying of the American work force

06/01/2012
John Hancock Mutual Funds
Re-Enrolling: Doing Well While Doing Good

05/29/2012
Client Bulletin
The Final 408(b)(2) Regulation: Impact on Broker-Dealers

05/10/2012
Investment Management Bulletin
The Final 408(b)(2) Regulation: Impact on Investment Managers

05/01/2012
PIMCO DC Dialogue
A Good Sense of Value

05/01/2012
White Paper
Lifetime Income in Defined Contribution Plans: A Fiduciary Approach

04/01/2012
Institutional Retirement Income Council
The Problem With Spending Too Fast: Retirement Savings Withdrawal Rates

03/15/2012
PLANSPONSOR
Complexity of Design: Targeting Target Date Funds

02/14/2012
Client Bulletin
The Final 408(b)(2) Regulation: Impact on RIAs

02/03/2012
PLANSPONSOR
A Changing World: Reasonable Compensation -- Brought to Light by 208(b)(2)

02/03/2012
Employee Benefits & Executive Compensation Alert
Finally the Final... 408(b)(2) Regulation

02/01/2012
Workforce Management
The Rise & Fall of Employer-Sponsored Pensions

1/24/2012
Client Alert
Capturing Rollovers

1/15/2012
PLANSPONSOR
Careful Endorsements

01/01/2012
Sparks Journal
408(b)(2) and the Rise of Benchmarking

12/19/2011
Investment News
Labor's Tenacious Rule Maker Isn't Done With 'Fiduciary' Fight

12/14/2011
Daily Journal
Minimizing Risks for Charity Board Members

12/08/2011
Employee Benefits & Executive Compensation Alert
Fiduciary Investment Advice for Participants

12/1/2011
PLANSPONSOR
Burden Sum

11/22/2011
Advisor One
7 Areas of 'Relief' for Advisors in DOL's Re-Proposed Fiduciary Rule

11/16/2011
Forbes
Generation X: Time to Reboot

11/01/2011
PLANSPONSOR
'Class' Actions: Class-Action Litigation Concerning Expenses and Revenue-Sharing

10/30/2011
PLANSPONSOR
'Safe' Hows: The Fiduciary Safe Harbor for Investment Managers

10/25/2011
Reuters
COMPLY: Labor Probe Seen Clarifying Fiduciary Rule

10/20/2011
Investment Management Insights
DOL Investigations: Broker-Dealers and RIAs as Targets

10/05/2011
Employee Benefits & Executive Compensation Bulletin
Service Provider Disclosures: The Impact on Plan Sponsors

10/3/2011
Journal of Pension Benefits
Fiduciary Considerations for Insured Retirement Income Products: Guaranteed Withdrawal Benefits

9/30/2011
401k Safe
Open Multiple Employer Plans: Tax and ERISA Considerations

9/1/2011
Plansponsor.com
The Risk of Growing Old: Protection against losses is more important during retirement

8/2/2011
J.P. Morgan Asset Management
Fiduciary implications: Using re-renrollment to improve target date fund adoption

8/2/2011
The Spark Journal
The Proposed Regulation on Fiduciary Advice and Its Impact on Record Keepers and Broker-Dealers

08/02/2011
Investment Management News

8/1/2011
401(k) Advisor
Getting Ready for the 408(b)(2) Regs?

8/1/2011
Plansponsor.com
Living Room?: The problem with living too long

8/1/2011
Employee Benefit News
New DOL Regulations Raise the Bar for Plan Fiduciaries

8/1/2011
Workforce Management Benefits
Workers, Employers Fret About Life After Retirement - 25 Years Later

07/20/2011
Financial Services ERISA Alert
Fee Disclosure Compliance Delayed

7/8/2011
The New York Times
Seeking Investment Flexibility In a 401(k)

7/1/2011
Plansponsor.com
Being Reasonable About Plan Expenses

6/20/2011
Barron's
Best Annuities

06/06/2011
Investment Management Alert
The DOL's 408(b)(2) Regulation: Impact on Investment Managers

6/1/2011
Drinker Biddle
The Prudence Standard: Affiliated Products and Services

6/1/2011
Plansponsor.com
Targeting Date Funds: What you need to know about TDFs

5/4/2011
Employee Benefits & Executive Compensation Bulletin
The Problem With Living Too Long

5/1/2011
Plansponsor.com
QDIA Demographics: The approach that plan sponsors should take in designing the investment strategy for pooled defined contribution plans

3/1/2011
Plansponsor.com
Retirement Requirement: Does your company sponsor a 401(k) savings plan or a 401(k) retirement plan?

02/24/2011
Bulletin
Fiduciary Considerations for Insured Retirement Income Products: Focus on Guaranteed Withdrawal Benefits

02/01/2011
Bulletin
The Impact of 408(b)(2) on Service Providers

02/01/2011
ERISA Controversy Report
Fiduciary Status for Referrals

2/1/2011
Plansponsor.com
Part of the Parcel: Benchmarking as a part of a prudent process

01/01/2011
Bulletin
The New Form ADV Part 2: Convergence of ERISA and Securities Law Disclosure

1/1/2011
Plansponsor.com
Class-ifying Mutual Funds: the duty to understand mutual fund costs

1/1/2011
Plansponsor.com
Running the Fund: Safe Passage

12/1/2010
Plansponsor.com
Cover: Excessive Forces

12/1/2010
Plansponsor.com
Growth Is Good and Less Expensive: If you don't ask, you won't know

11/1/2010
Plansponsor.com
Roth Is Wrong--for Some People: Part II

10/1/2010
Plan Sponsor
Too Safe Is Too Bad: Safe Investments May Not Be Safe...For Fiduciaries

9/1/2010
Plan Sponsor
Theories and Realities: Target-Date Funds and Modern Portfolio Theory

9/1/2010
Employee Benefits & Executive Compensation Alert
The DOL's 408(b)(2) Regulation: Impact on Broker-Dealers and Registered Representatives

08/01/2010
The DOL's 408(B)(2) Regulation: Impact On Registered Investment Advisers (RIAs)

08/01/2010
Plansponsor.com
Roth Is Wrong--for Some People

7/1/2010
Plansponsor.com
Beware of Gifts: Prohibited transactions and conflicts of interest

6/1/2010
Plansponsor.com
The 401(k) Destination: If you don't know where you are going...

5/1/2010
Plansponsor.com
Past, Present, and Future: Monitoring 401(k) investments

4/1/2010
The Report to Plan Sponsor
Disclosure of Costs to Participants

3/1/2010
Plansponsor.com
The Target-Date Duty: Time for a new look at TDFs

2/1/2010
Plansponsor.com
Analyze This: Cost benefit analysis requires a long view

1/1/2010
Plansponsor.com
Document Ed: Customize your plan document

12/1/2009
Plansponsor.com
Removal Spot: The duty to remove investments

12/1/2009
Bulletin
Brokers As Fiduciaries: The Reality and the Issues

11/1/2009
Plansponsor.com
Question Marks: Four questions for fiduciaries about TDFs

10/1/2009
Plansponsor.com
Directing the Plan: Directors as fiduciaries

9/1/2009
Plansponsor.com
Reasonable Approaches: Are your fees reasonable?

8/1/2009
Plan Sponsor magazine
Sharing Fees

7/1/2009
Plan Sponsor magazine
Targeted Flavors

7/1/2009
Bulletin
Fiduciary Status for Broker-Dealers

12/1/2008
Bulletin
Department of Labor Focuses on Revenue PracticesWhat Are Your Fiduciary Duties Regarding Revenue-Sharing Arrangements?

12/1/2008
Plan Sponsor
New Year's Resolutions

11/1/2008
Plan Sponsor
Sustain Abilities: Adapt and Modify

10/1/2008
Plan Sponsor
Revenue Sharing: What Is It

10/1/2008
Bulletin
Disclosure of Service Provider Compensation: Final 408(b)(2) Regulation Will be Issued Soon

9/1/2008
Plan Sponsor
The Cost of Knowledge

7/1/2008
Plan Sponsor
The Future Is Here

7/1/2008
The Report to Plan Sponsor
Responding to LaRue

7/1/2008
The Report to Plan Sponsor
Re-Enrolling: Doing Well While Doing Good

7/1/2008
The Report to Plan Sponsor
What 408(b)(2) Means to Plan Sponsors

7/1/2008
The Report to Plan Sponsor
Future DOL Guidance

6/1/2008
Plan Sponsor
For Better or Worse?

6/1/2008
Bulletin
Navigating the QDIA Notice Requirements

5/1/2008
The Adviser Report
The Impact of 408(b)(2) on Advisers

5/1/2008
The Adviser Report
What about LaRue?

5/1/2008
Plan Sponsor
Corporate Governance: ERISA-Style

5/1/2008
The Adviser Report
Real World Issues for Advisers, 408(b)(2), Agreements and Fiduciary Status

3/1/2008
Plan Sponsor
Pickup Lines

3/1/2008
The Fiduciary Practice Report
The Universal Fiduciary

2/1/2008
Plan Sponsor
First Things First

2/1/2008
The Report to Plan Sponsor
Design Issues for Automatically Enrolled Plans

2/1/2008
The Report to Plan Sponsor
Academic Studies On Participant Behavior

2/1/2008
The Report to Plan Sponsor
401(k) Expense Recapture

2/1/2008
Bulletin
How You Are Paying What You Don't Know: A Primer on Indirect Mutual Fund Payments

1/1/2008
Plan Sponsor
The Truth

12/1/2007
The Adviser Report
An Interesting Question: Investment Managers and IRAs

6/1/2007
The Report to Plan Sponsor
Fiduciary Responsibility for 401(k) Fees and Expenses

6/1/2007
Report To Plan Sponsors
DOL Penalties and Blackout Notices

6/1/2007
Plan Sponsor
Average Bearing

12/1/2006
Plan Sponsor
The Duty To Get Help

11/1/2006
Plan Sponsor
The Right Focus

3/1/2006
The Report to Plan Sponsor
Asset Allocation and Information Overload

12/1/2005
Plan Sponsor
Education Precedents

11/1/2005
Government & Tax Exempt Plans Report
Universal Prudence

1/1/2005
Plan Sponsor
New Year's Resolutions

1/1/2005
Journal of Pension Benefits
Fiduciary Rules Applicable to (b) Plans

12/1/2004
The ERISA Report for Plan Sponsors
Form SSA and Missing Benefits

12/1/2004
The ERISA Report for Plan Sponsors
Classification of Workers

12/1/2003
Plan Sponsor
Self-Dealing?

12/1/2003
ERISA Controversy Report
Here Comes the Judge: The First Enron Decision Has Arrived

02/01/2002
Journal of Pension Benefits (Volume 9, Number 2, Winter 2002)
Does ERISA Require An Investment Policy Statement?

Speaking Engagements

10/01/2013
Drinker Biddle Webinar
2013 DOL Surviving Investigations of Plans

07/31/2013
Drinker Biddle Webinar
2013 Surviving DOL Service Provider Investigations: Part II

06/26/2013
Drinker Biddle Webinar
Surviving DOL Investigations

06/19/2013
IRI 2013 Government, Legal & Regulatory Conference
Retirement Plan Summit

04/25/2013
42nd Annual Retirement and Benefits Management Seminar
Hot Issues for Retirement Plan Sponsors and Providers

11/01/2012
Financial Services Institute
ERISA Disclosures: Questions Broker-Dealers Are Asking

10/11/2012
Drinker Biddle Webcast
What Plan Committees Must Do with 408(b)(2) Disclosures

09/25/2012
Drinker Biddle Event
Change Happens: Plan Sponsor Update

08/16/2012
Drinker Biddle Webinar
Inside the Beltway

06/26/2012
IRI 2012 Government, Legal & Regulatory Conference
SEC and DOL Fiduciary Initiatives

05/17/2012
ASPPA Webinar
The Evolution of Target Date Funds

04/25/2012
Fi360 Annual Conference
Fiduciary Responsibility

03/14/2012
Spark Institute
Final 408(b)(2) Rules - Unexpected and Under-covered Issues

10/17/2011
Center for Due Diligence 2011 Advisor Conference
A Model Investment Advisory Agreement for the New ERA" and "Advisory Fees & Multiple Hats in the Same Plan

08/10/2011
MassMutual Retirement Services
Plan Health and Retirement Readiness

8/2/2011
J.P. Morgan Asset Management Re-enrollment Strategies

Organizations

· Member, Insured Retirement Institute's Federal Regulatory Committee

· Member, Centre for Fiduciary Excellence (CEFEX) Advisory Council

· Member, Wolters Kluwer Law & Business Pension Editorial Advisory Board

· Charter fellow, American College of Employee Benefits Counsel

· Teacher, "Pension and Profit Sharing" at the Masters of Business Tax Program, University of Southern California

· Member, Board of Directors, American Society of Pension Professionals and Actuaries (ASPPA)

· Co-Chair, Government Affairs Committee, ASPPA

· Co-Chair, Los Angeles IRS Benefits Conference (10+ years)

· Former Co-Founder, ASPPA 401(k) Summit Conference

· Member, Executive Committee, National Conference of the Employee Benefit Security Administration, U.S. Department of Labor

 
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DOL Proposed Regulation on 408(b)(2) “Guide” - Impact on Service Providers
Bruce L. Ashton,Bradford P. Campbell,Joan M. Neri,Fred Reish,Joshua J. Waldbeser, March 24, 2014
The Department of Labor has issued its long-anticipated proposal to amend the 408(b)(2) regulation. If adopted, the proposal will require covered service providers to furnish responsible plan fiduciaries (referred to as “plan sponsors” for simplicity) with a guide to their disclosures.


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Office Information

Fred Reish

1800 Century Park East, Suite 1400
Los AngelesCA 90067




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