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Paul B. Holmes



Paul is a senior partner in the firm’s Employee Benefits & Executive Compensation Group, which represents firm clients in a wide variety of employee benefit plan matters and ERISA litigation. Paul serves as employee benefits counsel to large and mid-sized companies across many industries, including financial, food/beverage, healthcare, and law. Paul has extensive experience in fiduciary training and counseling; PBM contracting and pharmacy claims auditing; and ERISA litigation.

What do you focus on?

I advise clients regarding the proper segregation of plan sponsor vs. plan fiduciary functions, and provide regular fiduciary “training” for plan committees. I review and negotiate the terms of plan vendor contracts to maximize vendor output; protect plan fiduciaries and participants; and help control plan costs.

I have extensive experience with the design and administration of prescription drug benefit plans for large employers and Taft-Hartley trusts. This includes the negotiation and drafting of pricing and rebate provisions in PBM agreements, and the pursuit of audit and other recoveries from PBMs on behalf of plan sponsors and participants.

I work with our ERISA litigators by providing deep subject matter knowledge in various ERISA litigation matters, including class actions, breach of fiduciary duty lawsuits and litigation involving plan service providers.

Representative Experience

  • Advising corporate clients and their principals regarding the establishment of plan committees and plan committee charters, and board oversight functions.
  • Advising Plan Committees on their fiduciary responsibilities under ERISA for plan administration and investments, including the prudent selection and monitoring of plan vendors, the proper delegation of responsibilities to investment managers, investment advisors, recordkeepers and participants, the proper documentation of all such legal arrangements and fiduciary insurance coverage.
  • Advising large employers and Taft-Hartley trusts on the design of their prescription drug benefit plans, including negotiation and drafting of PBM Agreements.
  • Advising large employers and Taft-Hartley trusts with respect to retrospective pharmacy claim audits and other recoveries from PBMs.
  • Working with Nixon Peabody ERISA litigators to provide subject matter knowledge in ERISA class actions, breach of fiduciary duty lawsuits and litigation involving plan service providers, and other ERISA cases.

Presentations

  • Speaker, “Recent Case Studies in Fiduciary Failures,” Morgan Stanley, September 2015
  • Speaker, “Fiduciary Training and Responsibilities for Retirement Plan Committees,” Sikich, September 2015
  • Speaker, “2014 Fiduciary Workshop,” Sikich, April 2014
  • Speaker, “Plan Sponsor and Plan Committee Concerns for 2013,” Wolf &. Co, Inc., February 2013
  • Speaker, “Expanded Fiduciary Obligations Under New DOL Fee Disclosure Regulations,” McGladrey May 2012
  • Speaker, “Fiduciary To-Do List for 2011,” McGladrey May 2011
  • Speaker, “Update of Fiduciary Responsibilities for Plan Committees,” RSM McGladrey, May 2010
  • Speaker, “Fiduciary Responsibilities of Plan Committees,” McGladrey & Pullen, May 2009
  • Speaker, “Code Section 403(b) Retirement Plans: The New Regulatory Regime,” Smith Barney, Rosemont, IL, October 2008
  • Speaker, “Fiduciary Responsibilities of Plan Sponsors,” UBS, Chicago, IL, August 2008
  • Speaker, “Code Section 403(b) Retirement Plans: The New Regulatory Regime,” UBS, Chicago, IL, July 2008
  • Speaker, “Fiduciary Responsibilities of Plan Sponsors,” UBS, Chicago, IL, May 2008
  • Speaker, “Code Section 403(b) Retirement Plans: The New Regulatory Regime,” April 2008
  • Speaker, “An Advisor’s Guide to Nonqualified Plans”, Principal Financial: Annual Summit for Top Advisors,” Scottsdale, AZ, April 2007
  • Speaker, “Fiduciary Responsibilities of Plan Sponsors,” RBC Dain Rauscher, Beverly Hills, CA, June 2006

Accreditations

Certified Public Accountant

Contact

Paul B. Holmes

Partner

Chicago

Phone: 312-977-4488


Fax: 844-571-6773

University of Illinois College of Law, J.D.

Bradley University, B.S., magna cum laude

Illinois

U.S. District Court, Northern District of Illinois

U.S. Tax Court

  • A/V Rated, Martindale-Hubbell, 2008-2016
  • 2003-2016 Illinois Leading Lawyers Network—Employee Benefits/ERISA/Executive Compensation
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