Course Level:

Intermediate

Advance Preparation:

Print and review course materials

Method of Presentation:

On-Demand Webcast

Prerequisite:

General knowledge of ERISA litigation

Course Code:

1411259

Total Credits:

CLE Credit:

GA CLE 1.00 General - Approved Until: 12/31/2024

CA CLE 1.00 General - Approved Until: 07/31/2026

PA CLE 1.00 General - Approved Until: 7/31/2026

TN CLE 1.00 General - Approved Until: 7/31/2025

WI CLE 1.00 General - Approved Until: 12/31/2025

VT CLE 1.00 General - Approved Until: 12/31/2025

NJ CLE 1.00 General - Credits through Reciprocity

NY CLE 1.00 Areas of Professional Practice - Credits through Reciprocity

AR CLE 1.00 General - Credits through Reciprocity

CT CLE 1.00 General - Credits through Reciprocity

NH CLE 1.00 General – Meets the requirements of NH Supreme Court Rule 53

MS CLE 1.00 General - Approved Until: 07/31/2025

Pending CLE Application:

NONE

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

Benjamin S. Reilly, Counsel
Goodwin Procter LLP

Eli Burriss, Partner
Katten Muchin Rosenman LLP

Benjamin S. Reilly, Counsel

Goodwin Procter LLP

• Recent trends emerging from the wave of excessive fee litigation over the last few years and the shift towards the application of a more rigorous pleading standard
• Emerging theories of liability in ERISA litigation, including:
  • Cases challenging the selection of allegedly risky annuity providers in the context of pension risk transfers
  • Cases challenging the use forfeiture accounts to offset employer contributions in defined contribution plans
  • The potential emerging trend of litigation over ERISA health plan fees.  Some of the topics I was thinking about covering included:
    • 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.

Eli Burriss, Partner

Katten Muchin Rosenman LLP

• Recent developments addressing arbitrability of various types of ERISA claims
• Cases addressing claims with respect to which plaintiffs challenged the use of allegedly outdated actuarial data in calculating pension and other retirement benefits
• Ongoing developments regarding standing to bring claims under ERISA (Chavez case from the 5^th Circuit)
• Developments in cases where plaintiffs challenge conducted as prohibited transactions (this ties into Ben’s point on 401(k) litigation and he can cover if that’s subsumed within his topic)
• ESG and ERISA developments

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