the delaware bankers association and the delaware ... · laura mandel, esq., manager of ... e -...

Songsin the

Key ofWealth

2016Delaware

TrustConference

October 25th & 26th

Chase Center on the Riverfrontlocated at 815 Justison Street, Wilmington, DE 19801

The Delaware Bankers Association and the Delaware Financial Education Alliance Present the 11th Annual Delaware Trust Conference

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Day 1 - Tuesday - October 25th

7:45 - 9:00 a.m. - Registration

8:30 - 10:00 a.m. - Session 1 (90 minutes) - Group Live “Changes” - Recent Developments in Federal Case Law, Regulations, and

Delaware Trust Laww Beth Shapiro Kaufman, Esq., Member, Caplin & Drysdalew Stephanie Loomis-Price, Esq., Shareholder, Winstead PCwMichael M. Gordon, Esq., Director, Gordon Fournaris & Mammarella, P.A.

A discussion of the recent federal estate and gift tax cases, recently issued regulations and new developments in Delaware law.

10:00 - 10:20 a.m. - Welcome / Break - Governor’s Hall with Exhibitors

10:20 - 11:50 a.m. - Session 2 (90 minutes) - Group Live“Still the One” - Why Delaware is Still the Right Place to Situs a Trustw Gail E. Cohen, Chair and General Trust Counsel,

Fiduciary Trust Internationalw Richard W. Nenno, Esq., Senior Managing Director and Trust Counsel,

Wilmington Trust Company w Dave J. McCabe, Esq., Senior Partner, Willkie Farr & Gallagher, LLPw Quincy Cotton, Esq., Partner, Roberts & Holland LLP

An interactive discussion on why New York attorneys choose Delaware as the primary state to situs a Trust. The presentation will also evaluate Delaware’s leading competitors for trust situs.

11:50 - 12:00 noon - Break - Governor’s Hall with Exhibitors

12:00 - 12:45 - Lunch - Governor’s Hall with Exhibitors

12:45 - 1:45 p.m. - Session 3 (60 minutes) - Group Live“Why Can’t We Be Friends?” - Trust Ethics - Collaboration Across Small and

Great Divides: Teamwork, Tensions, and Client-Centered Solutions w Nancy B. Rapoport, Esq., Acting Executive Vice President and Provost,

University of NevadaOften workplace incentives collide with our best intentions. Discussion will center on ethical implications when representing organizations as clients, conflicts of interest and what social science tells us about mistakes that humans make.

1:45 - 2:00 p.m. - Break - Governor’s Hall with Exhibitors

2:00 - 3:00 p.m. - Session 4 - Interactive Split Sessions (60 minutes) - Group Live (attend one)

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A - “You Can Go Your Own Way” Taking Advantage of the Premium TaxReduction/Elimination and Other Life Insurance Strategies

wWilliam F. Denney, CLU, ChFC, AEP, TEP,Regional Managing Partner Newton One, LLC

w Joshua E. Husbands, Esq., Partner, Holland & KnightThis presentation discusses the legal and financial perspectives of the rapidly growing Private Placement Life Insurance market in the Delaware Trust community, and how it can benefit your clients nationwide.

B - “One Way or Another” - This v. That: What Can Be Done in Other Jurisdictions

w Jennifer E. Smith, Esq., Associate, Cooch and Taylor, P.A.w David Pratt, Esq., Managing Partner, Boca Raton Office, Chair,

Private Client Services, Proskauer Rose LLPw Brett D. Sovine, CPA, LLM, President/CEO,

Brown Brothers Harriman Trust Company, NAwMichael J. Stegman, Esq., Partner, Kohnen & Patton LLP

This discussion-based panel will explore and compare options available to trustees in several states that have enacted legislation to attract trust business, including Ohio, Tennessee, Florida, North Carolina, and New York, as well as some off-shore countries.

C - “We Can Work It Out” - Decanting: Flexibility and Dangersw Vincent C. Thomas, Esq., Partner, Young Conaway Stargatt & Taylor, LLPwMeryl G. Finkelstein, Esq., Senior Counsel, Fulbright & Jaworski LLPwMichael D. Fox, Vice President, Goldman Sachs Trust Company

The panel will discuss and analyze Delaware’s decanting statute and decanting statutes from other jurisdictions. The discussion will include recommendations how parties should balance between the flexibility available in updating old trusts and the inherent risks involved in trust modification using decanting statutes.

D - “We Are Family” - A ‘Hot’ Vehicle for Estate, Tax, Family and Business Planning

w Jerome K. Grossman, Esq., Partner, Young Conaway Stargatt & Taylor, LLPw Patricia H. Matthews, Vice President,

J.P. Morgan Trust Company of DelawareA discussion about the innovative and successful use of Delaware Statutory Trusts (DSTs) in personal estate plans such as to resolve family governance concerns, and in other business and tax planning arenas.

E - “Don’t Ask Me Why” - Delaware Trust Questions and Answersw Peter S. Gordon, Esq., Director, Gordon Fournaris & Mammarellaw John A. Ciccarone, Esq., Senior Vice President, Brandywine Trust CompanywMichael S. Neri, Esq., Managing Director, U.S. Trust Co. of Delawarew Jeffrey W. Mitchell, Jr., CPA, MT, Senior Vice President, Siegfried Advisory

An interdisciplinary panel of experts set to answer both technical and practical questions about Delaware law, Delaware trust administration and the taxation of Delaware trusts.


3:15 - 4:15 p.m. - Session 5 (60 minutes) - Group Live“All Over the World” - Common Uses of Delaware Trusts

for International Clients Stanley A. Barg, Esq., Partner, Kozusko Harris Duncan,

Private Client/Wealth Management Counsel Leigh-Alexandra Basha, JD, LLM, Partner, McDermott Will & Emery Daniel F. Lindley, Esq., Fiduciary Practice Lead,

international family.


4:30 - 6:00 p.m. - Session 6 (90 minutes) - Group Live“You Got It” - Divided Trusteeship: Perspectives on the draft

Uniform Directed Trust Act

Harvard Law School Todd A. Flubacher, Esq., Partner, Morris Nichols Arsht & Tunnell LLP Laura Mandel, Esq., Manager of Fiduciary Risk,

Global Risk Management for The Northern Trust Company Diana S.C. Zeydel, Esq., Global Chair, Trust & Estates/Wealth Management

Greenberg Traurig, PA

6:00 - 7:00 p.m. - Reception - Governor’s Hall with Exhibitors

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Total Credits for 2016 Delaware Trust Conference = 15.0 CLE applied for (DE & PA) (including 2.0 Ethics Credits),

CPE & ICB Credits Applied for. Participants can earn up to 18.0 CPE credits in

Day 2 - Wednesday - October 26th

7:15 - 8:30 a.m. - Registration

8:00 - 9:00 a.m. - Session 1 (60 minutes) - Group Live “Hot, Hot, Hot!” - Regulatory Hot Topics for 2016wMark V. Purpura, Esq., Director, Richards Layton & Finger, P.A.w David Chaves, Special Agent, White Collar Coordinator,

Federal Bureau of Investigation w Phoebe Papageorgiou, Esq., Senior Counsel II, American Bankers Assoc.w Lisa W. Collison, Review Examiner,

Office of the State Bank Commissioner, State of DelawareA discussion of hot regulatory topics, including cybersecurity, risk committees and current Federal and Delaware legislation, regulatory actions and perspectives affecting trust companies.

9:00 - 9:15 a.m. - Break - Governor’s Hall with Exhibitors

9:15 - 10:15 a.m. - Session 2 (60 minutes) - Group Live“Get It Right the First Time” - Practical Perspective on the Onboarding

Process for New and Transfer Trustsw Sharon Corbett, Charles Schwab Trust Company of Delawarew Bridget Boyd, SVP, Citicorp Trust Company of Delawarew Scott Jaffe, JD, LLM, Assistant Vice President, Christiana Trustw Timothy B. Carroll, COO, New York Private Trust Company

A practical discussion about onboarding new and successor trusteeships from a sales, compliance, legal and fiduciary perspective.

10:15 - 10:30 a.m. - Break - Governor’s Hall with Exhibitors

10:30 - 12:00 noon - Session 3 (90 minutes) - Group Live“Taxman” - State Income Tax Considerations

and Current Income Tax Litigationw Thomas M. Forrest, President & CEO, U.S. Trust Company of Delawarew George W. Kern, Esq., Managing Director, Bessemer Trust Company of DEw James H. Cundiff, Esq., Partner, McDermott Will & Emery

A discussion about how to stay ahead of state income tax; to include a review of the current state of state income taxation and situs concerns as well as a review of the recent income tax cases and their application.


12:15 - 1:00 p.m. - Lunch - Riverfront Ballroom

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1:00 - 2:00 p.m. - Session 4 (60 minutes) - Group Live“Wonderful World” - A World of Advantages

in One Small Statew The Honorable Jack Markell,

Governor, State of DelawareDelaware Governor Jack Markell discusses all the advantages the First State has to offer in conducting business in and with the State of Delaware, from a corporate, trust, and taxation perspective.


2:15 - 3:15 p.m. - Session 5 - Interactive Split Sessions (60 minutes) - Group Live (attend one)

A - “Don’t Fear the Reaper” - By-Products of Death:How to Stay Ahead of the Complications

w James W. Ellison, M.D., Christiana Care Health Systemw Cynthia Fanning, LCSW, Christiana Care Health System

A multi-disciplinary discussion about the broken relationships, irrational behavior of survivors, and unreasonable expectations that arise after the death of a grantor or other key party.

B - “All the Things You Are” - Properly Using The Tools Available for Moving and Modifying a Trust

w Charles J. Durante, Esq., Partner, Connolly GallagherwMark E. Doyle, Esq., Senior Vice President,

Bessemer Trust Company of Delawarew John S. Harrison, Esq., Vice President,

The Bryn Mawr Trust Company of DelawareA discussion about the options available for trust modification in Delaware and how to properly balance fiduciary duties and beneficiary needs. To include considerations for NJSAs, mergers, decanting, and court modification.

C - “Knowing Me, Knowing You” - Directed Trusts and Investments: Managing Expectations and Ensuring Appropriate Controls and

Information-Sharingw Cynthia D.M. Brown, Esq., President, Commonwealth Trust CompanywMatthew P. D’Emilio, Esq., Director, Cooch & Taylor, P.A.w Elizabeth W. King, Esq., Executive Director,

J.P. Morgan Trust Company of DelawareA discussion regarding how to properly manage expectations of co-fiduciaries and beneficiaries when a directed trustee is holding an indirect interest in assets, closely held interests, or private equities. How to maintain appropriate controls while ensuring the sufficiency of information received.

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D - “I’m So Excited” - Trusts Utilizing Entity Structures: Challenges and Solutions

w Alexander J. Lyden-Horn, JD, LLM, Vice President, Trust Counsel,Christiana Trust

wMatthew J. O’Toole, Esq., Partner, Potter Anderson Corroon LLPA discussion addressing legal and practical considerations (e.g., concerns associated with a trustee’s lack of direct access to information) arising when a trust holds an interest in a business entity.

E - “Silence is Golden” - The Best Way to Setup a Quiet Trust: Roadmap to Navigating the Issues

w Jocelyn Margolin Borowsky, Esq., Partner, Duane Morris LLPw Gregory J. Weinig, Esq., Partner, Connolly Gallagher LLPwWilliam H. Lunger, Esq., Partner, Martin & Lunger, P.A.

A discussion involving how to properly set the stage for avoiding notice issues, including discussions about silent trusts and pre-mortem validation.


3:30 - 4:30 p.m.- Session 6 (60 minutes) - Group Live“Still the Same” - Basis Consistency w Jordon N. Rosen, CPA, Director, Belfint Lyons & Shuman, P.A.w David Kirk, Esq., Executive Director, Ernst & Young LLPw Vincent F. Lackner, Jr., President, The Lackner Groupw Jeffrey C. Wolken, National Director of Wealth & Fiduciary Planning,

Wilmington Trust Co. A discussion on the new basis consistency rules and required reporting by executors under Sections 1014(f) and 6035, including mechanics and pitfalls when preparing Form 8971.

4:30 - 4:45 p.m. - Break - Governor’s Hall

4:45 - 5:45 p.m. - Session 7 - Ethics (60 minutes) - Group Live“Private Eyes” – Attorney Client Privilege in the Trust Worldw S. Thomas Davidson, JD, Director, Trust Administration

RBC Trust Company (Delaware) Ltd.w Donald F. Parsons, Jr., Esq., Senior Counsel,

Morris Nichols Arsht & Tunnell LLPwW. Donald Sparks, II, Esq., Director, Richards Layton & Finger, PA

A discussion about the attorney client privilege as it applies to the trust industry. How does it apply between trustee and outside counsel and between trustee and inside counsel?

5:45 p.m. - Conference Adjourns

The Delaware Bankers Association and the Delaware Financial Education Alliance present the

PLEASE REGISTER BY October 14, 2016By Mail: Please print and complete the form and send to: DFEA, P.O. Box 494, Dover, DE 19903. Via Fax: Print and complete the form and fax it to: (302) 678-5511. Please use only one form per registrant. For multiple registrants, please copy or request additional forms. Questions? Call 302-678-8600 or e-mail: [email protected]

Name: _______________________________________________________________________________Badge Name: ______________________________Title: _______________________________________Company: ___________________________________________________________________________Address: _____________________________________________________________________________City: _______________________________________ State: _____________ Zip: ___________________Phone: _____________________________________ Fax: ______________________________________ Email: ____________________________________________________ Yrs. Trust Experience: ________ First Time AttendeeProfessional Designation (check all that apply): Attorney CPA Trust Professional Financial PlannerRegistering for: (prices include all scheduled meals for that day plus the Tuesday evening reception) Both Days $880 for DBA Members / $1,300 for non-members# $ _______________ Tuesday $510 for Members / $725 for non-members# $ _______________ Wednesday $510 for Members / $725 for non-members# $ _______________ Total Payment: $ _______________ Note: Tuesday’s Reception is included in all registrations, but please reserve your space by checking the box below... # 501(c)(3) nonpro�t foundations/organizations may attend at the member rate.

I Will Be Attending the Following Sessions: (All Registrants may attend the Tuesday reception) Tuesday 8:30 a.m. Tuesday 10:20 a.m. Tuesday 12:00 p.m. lunch session Tuesday 2:00 p.m Split Sessions (Select at right) Tuesday 3:15 p.m. Tuesday 4:30 p.m. Yes! I plan on attending the Tuesday evening reception. (6:00 p.m. - 7:00 p.m.) Wednesday 8:00 a.m. Wednesday 9:15 a.m. Wednesday 10:30 a.m. Wednesday 12:15 p.m. lunch session Wednesday 2:15 p.m Split Sessions (Select at right) Wednesday 3:30 p.m. Wednesday 4:45 p.m.

Dietary Restrictions (please state): ________________________________________

Special Assistance (please state): ________________________________________

PAYMENT INFORMATION Check enclosed (for mail registrations). If paying by check, please make check payable to: Delaware Financial Education Alliance and place the check and this form in an envelope and mail to : DFEA, P.O. Box 494, Dover, DE 19903. IMPORTANT: Anyone withdrawing after October 14, 2016 will be charged the full registration fee. Substitutions may be made at any time.

Credit Card Information: MasterCard Visa Discover Name on Card: _______________________________________ Signature: ___________________________________

Card Number: ______________________________________________________ Expiration Date: _____________________

HOTEL INFORMATION: The Westin Wilmington, 818 Shipyard Dr., Wilmington, DE 19801. Please contact hotel's reservation department at 1-800-937-8461. In order to receive special conference room rate ($214 per night plus applicable taxes), please identify yourself as part of the Delaware Trust Conference - room block. You must make your room reservation by October 3, 2016 to ensure the discounted room rate. Group hotel room block is for Monday, October 24 & Tuesday, October 25th. The Westin Hotel will honor the discounted room rates 2 days before arrival and two days after group departure based on availability. The Westin Wilmington is adjacent to the Chase Center.Hotel du Pont, 11th & Market Streets, Wilmington, DE 19801. LIMITED NUMBER OF HOTEL ROOMS – To reserve your hotel room, please call the Hotel Reservations Department at (302) 594-3125 or (800) 441-901. Mention Group #DBA24OCT or Delaware Trust Conference for special group rate of $189 per night plus applicable taxes. First Come, First Served on limited number of hotel rooms. MUST make reservation before September 26, 2016. Conference room rate (3) days before and after o�cial conference dates. Note: NO TRANSPORTATION PROVIDED FROM HOTEL DU PONT TO CHASE CENTER.

October 25th & 26th, 2016Chase Center on the Riverfront, located at 815 Justison Street, Wilmington, Delaware

Note: Business attire at all sessions

Tuesday Split Sessions (Select One)Premium Tax Reduction Elimination/Life Ins. StrategiesWhat Can Be Done in Other JurisdictionsDecanting Flexibilities and DangersStatutory Trusts in Personal Estate PlanningDelaware Questions and Answers

Wednesday Split Sessions (Select One)By-Products of DeathTools Available for Moving & Modifying a TrustDirected Trusts and InvestmentsTrusts Utilizing Entity StructuresThe Best Way to Set Up a Quiet Trust

2016 Delaware Trust Conference

NJBA

NJ Bankers Association Receive Member Pricing!

the delaware bankers association and the delaware ... · laura mandel, esq., manager of ... e -...

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