Broadcast Date: Wednesday, April 17, 2024
from 12:00 pm to 1:30 pm (ET)
Overview:
ERISA Litigation represents a dynamic and evolving legal landscape that plays a vital role in shaping the framework of employee benefit plans. Navigating through the complexities of ERISA requires a nuanced understanding of its origins, key components, and emerging trends. As stakeholders continue to grapple with the challenges posed by ERISA, staying informed and proactive remains essential for fostering a secure and transparent environment for the retirement and welfare benefits of employees.
Join us for this thought-provoking CLE Webcast as our speakers delve into the intricacies of ERISA litigation, examining its origins, key components, notable trends, and the broader implications for employers, employees, and the legal landscape.
Key topics to be covered:
- Origins and Purpose of ERISA
- Key Components of ERISA
- Common ERISA Litigation Issues
- Trends in ERISA Litigation
- Implications for Stakeholders
- Navigating ERISA Compliance
Credit:
Course Level:
Intermediate
Advance Preparation:
Print and review course materials
Method of Presentation:
On-Demand Webcast
Prerequisite:
General knowledge of ERISA litigation
Course Code:
1411048
Total Credit:
CLE Credit:
GA CLE 1.50 General - Approved Until: 12/31/2024
WI CLE 1.50 General - Approved Until: 12/31/2025
TN CLE 1.50 General - Approved Until: 4/17/2025
CA CLE 1.50 General - Approved Until: 6/30/2025
PA CLE 1.50 General - Approved Until: 4/17/2026
VT CLE 1.50 General - Approved Until: 12/31/2025
NJ CLE 1.50 General - Credits through Reciprocity
NY CLE 1.50 Areas of Professional Practice - Credits through Reciprocity
AR CLE 1.50 General - Credits through Reciprocity
CT CLE 1.50 General - Credits through Reciprocity
NH CLE 1.50 General – Meets the requirements of NH Supreme Court Rule 53
Pending CLE Application:
MS
Self-Apply:
AL, CO, DE, FL, ID, IN, IO, KS, KY, LA, NC, ME, MN, MT, NE, NV, NM, ND, OH, OK, OR, SC, TX, UT, VA, WA, WV, WY
If you’d like us to apply for CLE, you may opt to pay the CLE processing fee here.
No MCLE Requirements:
DC, MD, MA, MI, SD
Not Eligible for CLE:
AK, AZ, HA, MO, IL
How to Claim CLE Credits Per State:
https://knowledgewebcasts.com/how-to-claim-cle-credits-per-state/
CLE State Requirements:
https://knowledgewebcasts.com/cle-state-requirements/
CPE State Requirements:
Speaker Panel:
William David Pollak, Counsel
O'Melveny & Myers LLP
William D. Pollak is a versatile and highly regarded commercial litigator who leverages over a decade of experience to represent companies and individuals in a wide range of high stakes litigation and complex regulatory matters. Will is a business-minded lawyer who provides clients with creative strategies, sound advice and cost-effective solutions to their most pressing matters.
David R. Johanson, Senior Partner and Partner-in-Charge, NAPA
Hawkins Parnell & Young LLP
David assists clients in general corporate matters and in employee ownership, benefit, ERISA, and related business matters, with an emphasis on executive compensation, equity incentive plans, non-qualified deferred compensation, employee stock ownership plans (ESOPs), ESOP transactions, mergers and acquisitions (and related tax planning), and business succession and estate planning. David has served as outside general counsel to numerous corporate clients over the past 38 years. He also frequently appears on behalf of clients in business and employment-oriented defense litigation in state and federal courts throughout the country, and before regulatory agencies (e.g., U.S. Department of Labor, Internal Revenue Service, etc.).
Benjamin S. Reilly, Counsel
Goodwin Procter LLP
Ben Reilly is counsel in Goodwin’s Complex Litigation & Dispute Resolution practice and focuses his practice on a wide array of complex commercial litigation, primarily in the areas of ERISA and securities litigation. In particular, Ben focuses his practice on defending financial services companies, insurance companies, and other large employers against ERISA class actions alleging mismanagement of employee retirement plans.
Agenda:
William David Pollak, Counsel
O'Melveny & Myers LLP
- Recent trends emerging from the wave of excessive fee litigation over the last few years.
- For example, the significant rise in suits targeting target date funds over the last few years (e.g., the lawsuits against the BlackRock LifePath TDFs and Fidelity Freedom Funds).
- The expansion of suits from large plans to smaller plans.
- Shifts in the type of theory of liability depending on the market environment.
- Recent shifts towards a more rigorous pleading standard in certain circuits (e.g., the requirement to plead a “meaningful benchmark”) and the potential impacts in slowing the recent increase in excessive fee litigation.
- Emerging/New theories of liability in recent cases
- ESG-related litigation and potential risks of including ESG funds in plan lineups
- Breach of fiduciary duty claims related to forfeiture accounts
- Pension risk transfer litigations against DB Plans
- Actuarial equivalence cases
- Cybersecurity litigation (e.g., the Disberry and Horizon cases)
- The lawsuit against Johnson and Johnson for allegedly mismanaging their prescription-drug benefits program.
- The use of arbitration provisions and class action waivers.
- Developments related to prohibited transaction claims.
- The DOL’s proposed update to the definition of a fiduciary
David R. Johanson, Senior Partner and Partner-in-Charge, NAPA
Hawkins Parnell & Young LLP
- Regulatory Oversight and its related impact on ESOP Litigation Proceedings;
- The current state of the law on the use of arbitration clauses and class action waivers to adjudicate fiduciary duty claims;
- Forfeiture Accounts and Class Action Claims;
- Recent Developments in ESOP valuation litigation; and
- Risk Mitigation in ESOP valuation litigation and lessons for defense of other types of ERISA claims
Benjamin S. Reilly, Counsel
Goodwin Procter LLP
- How prescription drugs are paid for via prescription drug plans.
- The difference between employer-funded prescription drug plans and plans insured by third parties, and how that impacts ERISA’s application to these plans.
- Parallels between retirement plan fee litigation and the emerging health plan cases.
- What sponsors/fiduciaries can do to mitigate legal risk in this area.
Date & Time:
Wednesday, April 17, 2024
12:00 pm to 1:30 pm (ET)
Who Should Attend:
- Employee Benefits Lawyers
- Labor & Employment Lawyers
- Business Executives/Owners
- HR Executives
- Benefits/Retirement Plan Executives
- General/In-house Counsel
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