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Kim Shaw Elliott

Partner

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Location:

Tampa

[email protected]

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Practice Areas

Biography

Kim Shaw Elliott is an ERISA investment lawyer, engaging in a multi-disciplinary practice helping clients successfully navigate the complex intersection of ERISA, securities law, broker-dealer regulation and tax regulation. Kim represents broker-dealers, investment advisors, insurance companies and other entities nationwide, with a focus on fiduciary responsibility and best practices. She brings a business leader's perspective to the practice of law, having served as an executive responsible for advisory services to retirement plans, as well as chief compliance officer. As general counsel of industry leading broker-dealer/ investment advisor firms, Kim navigated through extensive claims litigation, multi-state regulatory actions and errors and omissions disputes, and presented actionable plans and guidance for compliant sales, operations, product development and customer service.

Publications & Media

Kim Shaw Elliott is a frequent speaker on employee benefits and securities-related topics.

The Wagner Law Group Expands its Trusts and Estates Practice in Florida and Missouri
The SECURE Act and its Impact on Retirement Plans – Kimberly Shaw Elliott, The Wagner Law Group FREE live webinar, December 26, 2019, 1:00 – 2:00 PM (ET) – Recording available here – Recording available here – Powerpoint presentation available here
Benefits Industry Newsmakers – BenefitsPro, October 29, 2019
ERISA and Investment Management Law Attorney Kim Shaw Elliott Joins The Wagner Law Group’s St. Louis Office
Fiduciary Education is Key for Plan-Sponsor Investment Committees – Investment News, September 2, 2017 (PDF Version)

Articles

Treasury’s Record $4.3B Crypto Exchange Fine Adds to Pressure on Digital Assets – Chief Investment Officer, November 29, 2023 (PDF )
Crypto Remains Massive Compliance Risk for Retirement Fiduciaries – PLANADVISER, November 27, 2023 (PDF)
SEC Charges Against Kraken Identify Specific Tokens as Securities – PLANADVISER, November 22, 2023 (PDF)
SEC Case Highlights Why Fiduciaries Should Be Cautious About Crypto – PLANSPONSOR, November 22, 2023 (PDF)
DOL Drops ‘Bomb’ On Advisors Who Give Advice To IRA Owners – InsuranceNewsNet, October 22, 2021 (PDF)
Benefits & Retirement Newsmakers – BenefitsPro, January 12, 2021 (PDF)

Articles Published

Secure Act 2.0 Litany of Retirement Change Presents Employers Enhanced Retirement Opportunities for Employee – Co-author, Bloomberg Tax, Tax Management and Compensation Journal, Volume 52, No. 02, February 3, 2023
If You Give Rollover Advice to IRA Owners Act Now: The Compliance Deadline Has Passed – Marcia S. Wagner and Kim Shaw Elliott, Investment & Wealth Institute, September/October 2022
DOL Drops ‘Bomb’ On Advisors Who Give Advice To IRA Owners – InsuranceNewsNet, October 22, 2021

Television Appearances

Rollovers In The Crosshairs – InusurnaceNews.net, December 1, 2021

Education

Washington University School of Law, St. Louis, Missouri
- Juris Doctor - 1979
Washington University School of Law, St. Louis, Missouri
- LL.M. - 1985
- Major: Taxation
Southern Illinois University, Edwardsville
- B.S., Bachelor of Science - 1976
- Major: Mass Communications - Radio/TV
Washington University in St. Louis - Olin Business School
- M.B.A. - 1996

Bar Admissions

Illinois
Missouri
Florida

Professional Associations

Securities Industry and Financial Markets Association, Compliance and Legal Division, Member
Association of Corporate Counsel, President Emeritus
Missouri Bar, Employee Benefits Committee, Former Chair

Law Alerts

Reimbursing an Employer for Paying Plan Expenses 

Sometimes, it is more efficient for an employer to pay the expenses of a retirement plan rather than the plan paying for them directly.  If the expense paid is otherwise appropriate, the employer can then be reimbursed by the plan from plan assets.  This includes...

The SEC Fires All Guns Against a Crypto Platform Plan Fiduciaries Should Take Note

By Kim Shaw Elliott The SEC announced November 20 that it has charged Payward Inc. and Payward Ventures, Inc. (together “Kraken”, an online crypto platform) with a litany of securities registration failures and other wrongdoing which took place since 2018. In a...

Secure Act 2.0 Brings a Litany of Retirement Changes

By Roberta Watson, Barry Salkin and Alex Olsen The SECURE Act 2.0 of 2022 (“SECURE 2.0”, or the “Act”) became law as part of the Consolidated Appropriations Act of 2023. SECURE 2.0 builds on the Setting Every Community Up for Retirement Enhancement Act of 2019 (i.e.,...

Massachusetts, Pennsylvania and New Jersey Taxpayers Beware

Massachusetts, Pennsylvania and New Jersey Taxpayers Beware: Don’t Let a Mismatch between Your State’s Tax Laws and the Federal Rules for Deducting Contributions Result in Overpaying Your State Tax on Retirement Distributions. Recordkeeping and Professional Advice...

SEC Extracts $96M Settlement from TIAA Subsidiary for Rollover Practices – This is Only the Beginning

The Securities and Exchange Commission (“SEC”) beat the Department of Labor (“DOL”) to the punch and announced a major settlement with a broker dealer arising from its rollover practices. In what is likely the first of many prosecutions to come, the SEC hit hard and...