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  Fiduciary Expertise
 

Experience

2011-current

 

2010-2011

 

12/2003-5/2009

 

 

 

 

9/2005

 

 

 

2002-2004

 

 

 

Publications

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Other Publications and Writings

 

 

Proprietor, Muir Fiduciary Services, LLC, Ann Arbor, MI

 

Expert Witness, Fiduciary investment manager's obligation to follow investment policy

 

Member, Board of Trustees, The Aerospace Corporation

Chair, Compensation and Personnel Committee, 2007

Member, Executive Committee, 2007

Security Clearances: Top Secret, SCI

 

Testimony, Department of Labor's Advisory Council on Employee Benefits.

Selection of annuity providers in defined benefit plans and conflicts of interest of fiduciaries making benefit eligibility determinations.

Member, US Department of Labor Advisory Council on Pension and Welfare Benefits

 

Member, Fiduciary Education and Training Working Group

Member, Orphan Plans Working Group

Member, Optional Professional Management in Defined Contribution Plans Working Group

Member, Fee and Related Disclosures to Participants Working Group

 

Legislation Pending on Investment Advice to 401k Account Clients. Bank Accounting & Finance Journal, 2009.

Fiduciary Constraints: Correlating Liability with Responsibility. 42 Wake Forest Law Review, 2007, with Cindy Schipani. Reprinted in 49 Corporate Practice Commentator

The Use of Efficient Market Hypothesis: Beyond SOX. 105 Michigan Law Review, 2007, with Cindy Schipani.

The Challenge of Company Stock Transactions for Directors' Duties of Loyalty. 43 Harvard Journal of Legislation, 2006, with Cindy Schipani.

New Standards of Director Loyalty and Care in the Post-Enron Era: Are Some Shareholders More Equal than Others? 8 New York University Journal of Legislation, 2005, with Cindy Schipani.

ERISA and Investment Issues. 65 Ohio State Law Review, 2004.

Counting the Cash: Disclosure and Cash Balance Plans? 37 John Marshall Law Review, 2004.

The Dichotomy between Investment Advice and Investment Education: Is No Advice Really the Best Advice? 23 Berkeley Journal of Employment and Labor Law, 2002.

The Future of Fiduciary Issues in Employee Benefit Plans. 5 Employee Rights & Employment Policy Journal, 2001.

Fiduciary Status as an Employer's Shield: The Perversity of ERISA Fiduciary Law. 2 University of Pennsylvania Journal of Labor and Employment Law, 2000.

The Plan Amendment Trilogy: Settling the Scope of the Settlor Doctrine. 15 The Labor Lawyer, 1999.

Truth or Consequence: Varity v. Howe and Beyond. 13 The Labor Lawyer, 1998.

ERISA Remedies: Chimera or Congressional Compromise? 81 Iowa Law Review, 1995.

 

2010 Supplement to Employee Benefits Law, Editor-in-Chief of 1880+ pages annual supplement. BNA 2010

2009 Supplement to Employee Benefits Law, Editor-in-Chief of 1811 page annual supplement. BNA 2009.

2008 Supplement to Employee Benefits Law, Editor-in-Chief of 1518 page annual supplement. BNA 2008.

 

The Direction of Directed Trustee Liability under ERISA. 35 ABA Labor & Employment Law Newsletter, 2007.

Complementary & Private Pensions throughout the World 2005. Organization for Economic Cooperation & Development, 2006, Co-Reporter, United States, with John Turner.

Amicus Brief in Julio Arana v. Ochsner Health Plan of Louisiana. Filed at the request of the Fifth Circuit Court of Appeals, April 2003, with Edward H. Cooper. Cited in en banc decision: Arana v. Ochsner Health Plan, No. 01-30922, 2003 US App. LEXIS 13918 at *7 n.6 (5th Cir. July 10, 2003).

Comment Letter of Dana M. Muir Regarding the Proposed Rules pursuant to Section 307 of the Sarbanes-Oxley Act of 2002, filed with the Securities & Exchange Commission. Available at: http://www.sec.gov/rules/proposed/s74502/dmmuir1.htm, December 18, 2002.

Sarbanes-Oxley s307: No Mandated Disclosure of ERISA Fiduciary Breaches? Vol 02, No 233, BNA Pension & Benefits Daily, Dec 5, 2002. Republished in BNA Pension & Benefits Reporter, 2002.

Appropriate Equitable Relief after Great-West v. Knudson. Employee Benefits Committee Newsletter, ABA 2002.

How about Detente?: The Time has come for a Voluntary Fiduciary Resolution Program. 26 Pension & Benefits Reporter, 1999, with Frank H. Hoffman.

Curtiss-Wright v. Schoonejongen. 2 Employment and Labor Law Quarterly, 1995.