Defending ERISA Class Actions Amid an Evolving Litigation Landscape: Best Practices for Counsel and Fiduciaries
Recent Cases, Emerging Trends, and Defense Strategies Involving the Duty of Prudence, Investment Offerings, and Other Issues for Plan Sponsors

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
ERISA
- event Date
Wednesday, August 24, 2022
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will provide class action litigators and fiduciaries with a review of the trends and developments from 2021 to the present in ERISA class action litigation and the impact of recent Supreme Court rulings on the ERISA landscape. The panel will also outline key litigation strategies for defending ERISA class claims.
Faculty

Mr. Rudolph represents plan sponsors, trustees, and other fiduciaries in a wide range of ERISA and employee benefit cases, including complex ERISA class actions involving 401(k) and 403(b) defined contribution plans, Employee Stock Ownership Plans (ESOPs), traditional defined benefit pension plans, multiemployer “Taft-Hartley” plans, and executive compensation arrangements. In addition to his litigation practice, he represents plan sponsors and fiduciaries in investigations by the US Department of Labor, Internal Revenue Service, and Securities and Exchange Commission, and advises fiduciaries on best practices and risk mitigation. Mr. Rudolph frequently speaks and writes on employee benefits matters. He serves as an advisory board member of The ESOP Association’s Legislative and Regulatory Committee, vice-chair of the American Bar Association’s Tort Trial and Insurance Practice Section, and co-editor of the ABA TIPS Newsletter.

Ms. Kang has handled a broad spectrum of litigation, including cases involving benefit claims, fiduciary issues, plan administration, multiemployer plans, withdrawal liability, delinquent contributions, plan reimbursement and subrogation, non-ERISA benefit plans (such as governmental plans and church plans), and class actions.

Ms. Garrett represents plan sponsors, fiduciaries, and service providers in ERISA class action and single plaintiff lawsuits nationwide. She has a broad range of experience in employee benefits law and fiduciary breach matters.
Description
Plan fiduciaries are increasingly the subject of suits alleging breach of fiduciary duty due to excessive fees, imprudent selection and monitoring of investment options, and underperforming plan investment options.
Under ERISA, fiduciaries who manage defined-contribution retirement plans have a duty of prudence requiring them to monitor investment options and remove imprudent ones. Recent rulings from the Supreme Court and U.S. Courts of Appeal may impact the filing and defending against ERISA claims.
In this evolving landscape, ERISA class action litigators must keep abreast of emerging theories of liability, key settlement trends, case law developments in class certification, and other procedural issues like standing, preemption, pleading standards, and attorney fees.
Listen as our authoritative panel of ERISA litigators guides you through the recent developments in class action litigation, discusses the impact of recent significant rulings, and provides litigation strategies for defending class action claims.
Outline
- Recent ERISA class action developments and trend
- Recent decisions in ERISA class action litigation
- Litigation strategies and developments
- Class certification
- Standing
- Pleading
- Other issues
Benefits
The panel will review these and other vital questions:
- What are the bases for recent ERISA class action lawsuits--and what defenses are available to plan fiduciaries?
- How is the Supreme Court's Hughes v. Northwestern and other recent rulings from U.S. Courts of Appeal expected to impact ERISA class action litigation?
- What litigation and settlement strategies have proven effective for counsel defending ERISA class action claims?
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