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Overview

Cohen Milstein offers an innovative Ethics and Fiduciary Counseling practice that provides guidance on fiduciary responsibility, ethical duties, governance, compliance issues and related organizational mandates.  The practice also develops and implements customized ethics and fiduciary training programs, and assists in conducting internal investigations and with the structuring of the resulting recommendations. 

Cohen Milstein’s Ethics and Fiduciary Counseling practice is led by Suzanne M. Dugan, former Special Counsel for Ethics to the New York State Comptroller, and previously General Counsel and Acting Executive Director for the New York State Ethics Commission.  The practice is advised by Luke Bierman, formerly the General Counsel to the New York State Comptroller and now Dean and Professor of Law at Elon University School of Law in Greensboro, North Carolina and Of Counsel at Cohen Milstein. 

Notably, Ms. Dugan and Mr. Bierman’s expertise includes providing counsel to the sole trustee of the New York State Common Retirement Fund during a critical period of reform. Their unparalleled experience provides the Ethics and Fiduciary Counseling practice with the broad perspective of a regulator, the understanding of an in-house counsel, and the expertise of an academic on fiduciary, ethics and governance issues. 

Assisting with the practice is Raymond Sarola, former Senior Policy Advisor & Counsel in the Mayor's Office of the City of New York. Mr. Sarola served as a trustee-designee on four of New York City’s defined-benefit pension plan boards and its deferred compensation plan (401k) board, which have total assets over $150 billion and constitute the fifth-largest public pension system in the country. 
 
As trustee-designee, Mr. Sarola dealt with all legal and policy aspects of board decision-making, including oversight of investment managers, investment policies, divestment issues, legal compliance issues, corporate governance initiatives, securities litigation, and changes to actuarial assumptions and methods.

PENSION FUNDS

The Ethics and Fiduciary Counseling Practice draws upon the experience of Ms. Dugan,  Mr. Bierman and Mr. Sarola at some of the largest public pension plans in the country to advise and counsel plan managers on issues and challenges regarding governance matters and the management of their investment portfolios.  Drawing on their extensive and varied experience, Cohen Milstein’s Ethics and Fiduciary Consulting practice provides collaborative and creative solutions for funds as they navigate changing economic conditions and organizational challenges. 

Representative Pension Fund Clients:

NORTH CAROLINA DEPARTMENT OF STATE TREASURER:
Serve as Compliance Counsel, providing counseling, transactional review and training to the staff of the General Counsel and the Investment Management Division.

CALIFORNIA STATE TEACHERS’ RETIREMENT SYSTEM:
Provided advice and guidance on ethics and compliance issues, including developing policies and participating in Presentations to the Teachers’ Retirement Board.

STATE OF CONNECTICUT OFFICE OF THE TREASURER:
Selected as Compliance Counsel.

NEW YORK CITY EMPLOYEE RETIREMENT SYSTEM:
Designed and delivered all-day fiduciary training for Board of Trustees; provided subsequent refresher course.

ILLINOIS STATE BOARD OF INVESTMENT:
Conducted training on corporate governance for members of the Board.

COLORADO PUBLIC EMPLOYEES’ RETIREMENT ASSOCIATION:
Provided fiduciary training for the Board of Trustees.

ARLINGTON COUNTY EMPLOYEES’ RETIREMENT SYSTEM:
Provided fiduciary training for the Board of Trustees.

LAW FIRMS

Investigations:

Ethics aspects of an investigation are typically different from issues of criminality, and the issues involved in investigating ethical misconduct have become increasingly complex.  Law firms retained to conduct an investigation or other review will benefit from the unique expertise of Cohen Milstein’s Ethics and Fiduciary Counseling practice to provide additional oversight and accountability, with the protections associated with attorney client/privilege and confidentiality.  

Representative Law Firm Client:

Cohen Milstein provided expert legal and consulting services to a national law firm retained by a State to conduct a Special Review and develop recommendations for policy reforms.  The Ethics and Fiduciary Counseling practice reviewed a draft report prepared by the firm and provided suggestions for proposed recommendations on the ethics issues raised, and for appropriate governance and structural reforms.     

GOVERNMENTAL ENTITIES

Adams County, Colorado

Ms. Dugan serves as the Independent Ethics Officer for one of the most populous counties in Colorado.  She is responsible for receiving, evaluating and investigating complaints of unethical conduct within County government, and providing objective and independent analysis to County leadership regarding the interpretation and application of the County Code of Ethics.  She works to help ensure that County officers and employees refrain from conduct that is or may be perceived as unethical and adopt a culture of principled public servant leadership that earns and preserves trust and support from employees and citizens of the County. 

Washington State Auditor

Cohen Milstein was selected after a competitive procurement to provide the Washington State Auditor’s Office with subject matter expertise in the area of government ethics in support if various audits, including performance audits. 

COMPREHENSIVE LEGAL SUPPORT FROM COHEN MILSTEIN'S COMPLEMENTARY PRACTICE AREAS

The Ethics and Fiduciary Counseling practice draws upon the valuable expertise and resources of the firm’s related practice areas, including Employee Benefits/ERISA, Public Client, Qui Tam, Investor Protection/Securities Fraud, and Antitrust, in order to counsel clients on the full range of matters implicated when considering ethics and fiduciary issues.   

For example, the Qui Tam practice and the Ethics and Fiduciary practice are currently collaborating on a potential matter involving the financial industry.  In addition, the Ethics and Fiduciary practice takes advantage of  a natural synergy with the Employee Benefits practice group, the head of which was an attorney with the United States Department of Labor where she litigated ERISA cases for over 25 years.  Building on her expertise in the ERISA world of non-governmental employers, the two practice groups have collaborated on fiduciary training for boards of public pension plans. 

SERVICES PROVIDED [PDF]

 

 

For more information, please contact Suzanne M. Dugan at sdugan@cohenmilstein.com or at 202.408.4600.