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:

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

MO CLE 1.50 General - Approved Until: 4/17/2024

Pending CLE Application:

MS, WI, GA, TN

Self-Apply:

AL, CO, DE, FL, ID, IL, IN, IO, KS, KY, LA, NC, ME, MN, MT, NE, NV, NM, ND, OH, OK, OR, SC, SD, 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

Not Eligible for CLE:

AK, AZ, HA

William David Pollak, Counsel
O'Melveny & Myers LLP

David R. Johanson, Senior Partner and Partner-in-Charge, NAPA
Hawkins Parnell & Young LLP

Benjamin S. Reilly, Counsel
Goodwin Procter LLP

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.

• Employee Benefits Lawyers
• Labor & Employment Lawyers
• Business Executives/Owners
• HR Executives
• Benefits/Retirement Plan Executives
• General/In-house Counsel