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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Wednesday, July 22, 2020

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will provide guidance to counsel for plan fiduciaries and companies on avoiding and defending ERISA class claims that allege breach of fiduciary duty related to the selection and administration of investment plans. The panel will discuss the latest trends, analyze key substantive and procedural issues addressed in recent court rulings, and outline effective strategies for defending and avoiding class claims.

Faculty

James O. Fleckner
Partner
Goodwin Procter LLP

Mr. Fleckner is a nationally recognized leader in the field of ERISA litigation and heads the firm’s ERISA Litigation Practice. He focuses on complex commercial litigation, representing financial service providers and corporate clients in ERISA, securities and derivative class actions and in private civil litigation. He is renowned as a lecturer and author on ERISA and related litigation topics, and has presented at over 40 conferences across the U.S.

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Brian D. Netter
Partner
Mayer Brown LLP

Mr. Netter is a member of the firm’s Litigation & Dispute Resolution Practice and is Co-Leader of the Supreme Court & Appellate Group. His practice consists of briefing and arguing high profile and legally complex cases in trial and appellate courts. Mr. Netter’s experience covers a broad range of substantive areas and he frequently litigates cases involving administrative law, constitutional law and ERISA. He is a frequent commentator on the Supreme Court’s ERISA docket.

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Description

Class suits against pension plan fiduciaries and companies alleging breach of fiduciary duty under ERISA are on the upswing. Allegations range from failure to consider lower cost products, to excessive fees, to using inappropriate benchmarks to give the appearance that investment options were competitively selected. Plaintiffs in these cases seek millions of dollars in damages.

ERISA class claim litigators must keep abreast of emerging and evolving theories of liability and case law developments addressing substantive and procedural issues to effectively defend fiduciaries and companies. Counsel should also advise fiduciaries and companies on best practices to minimize claims.

Listen as our panel of employee benefits attorneys explains current trends in ERISA breach of fiduciary duty class litigation, discusses practical strategies for defeating class certification, and addresses steps plan fiduciaries and companies should take to avoid and reduce the likelihood of ERISA breach of fiduciary duty litigation.

Outline

  1. ERISA breach of fiduciary duty class claims: current trends
  2. Strategies for defeating certification
    1. Standing
    2. Statute of limitations
    3. Exhaustion of administrative remedies
    4. Mandatory arbitration
    5. Other effective strategies
  3. Best practices to avoid and reduce ERISA breach of fiduciary duty class litigation

Benefits

The panel will review these and other key issues:

  • What are the latest trends regarding ERISA breach of fiduciary duty class action lawsuits?
  • How are courts addressing ERISA class action lawsuits alleging breach of fiduciary duties?
  • What strategies have proven effective for counsel for defending ERISA class claims at certification and trial?
  • How can plan fiduciaries and companies proactively minimize the risk of being a target of an ERISA breach of fiduciary duty action?