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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Tuesday, April 9, 2024

  • 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 webinar will provide ERISA counsel and plan fiduciaries an in-depth analysis of recent court cases and their impact on ERISA litigation. The panel will discuss the issues presented since the Supreme Court's decision in Hughes v. Northwestern Univ. The panel will also discuss critical challenges for fiduciaries and plan service providers and offer next steps for employers as well as best practices in preventing and litigating claims.

Faculty

Mark E. Bokert
Partner/Co-Chair
Davis+Gilbert LLP

Mr. Bokert is co-chair of the firm's Benefits + Compensation Practice Group. His practice encompasses nearly all aspects of executive compensation and employee benefits, including matters related to equity plans, deferred compensation plans, phantom equity plans, qualified retirement plans and welfare plans. He has extensive experience in Section 409A and deferred compensation arrangements. He has extensive experience in counseling plan committees on their fiduciary responsibilities under ERISA.

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Andrew Holly
Partner
Dorsey & Whitney Llp

Mr. Holly serves as co-chair of Dorsey’s ERISA Litigation Practice Group. He has 20 years' experience representing fiduciaries, sponsors, and insurers in ERISA litigation matters. For the last three years, he has been ranked by Chambers as one of the top ERISA litigators in the nation. 

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Christina L. Hennecken
Partner
Goodwin Procter LLP

Ms. Hennecken is a partner in the firm’s Complex Litigation & Dispute Resolution, ERISA Litigation and Consumer Financial Services Litigation practices. She represents financial institutions and corporate clients in class actions, government enforcement proceedings and investigations, and complex civil litigation involving ERISA, the Consumer Financial Protection Act, and other federal and state consumer financial protection statutes. She has extensive experience defending fiduciaries and plan sponsors in ERISA litigation matters.

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Description

The U.S. Supreme Court's decision in Hughes v. Northwestern Univ. significantly impacted retirement plans and addressed excessive fees, monitoring investments, and fiduciary liability. Employee benefits attorneys and litigators must identify challenges and opportunities to avoid or minimize claims against fiduciaries and plan service providers.

In Hughes v. Northwestern Univ., the Supreme Court ruled that offering a variety of investment choices within the plan does not serve as a defense against claims that other investment options were imprudent or that the plan paid excessive fees. The Court vacated the Seventh Circuit's decision but did not speak to the plausibility of the claims at issue.

Since SCOTUS' ruling, new court cases have potentially opened the door to more litigation attempts regarding fiduciary decisions related to retirement plan administration and fees covered by ERISA. ERISA counsel and plan fiduciaries must keep abreast of emerging and evolving theories of liability, as well as case law developments addressing substantive and procedural issues to effectively defend fiduciaries and companies.

Listen as our panel discusses critical challenges for fiduciaries and plan service providers and offers next steps for employers as well as best practices in preventing and litigating claims.

Outline

  1. Key ERISA rules impacting class actions
  2. Hughes v. Northwestern Univ.
  3. Other cases, legal theories, and tactics
  4. Best practices for counsel and fiduciaries

Benefits

The panel will discuss these and other key issues:

  • What are the critical ERISA rules impacting fiduciary claims and class action claims?
  • How did the U.S. Supreme Court ruling in Hughes v. Northwestern Univ. impact claims and litigation tactics?
  • What other cases appear to have had a significant impact on fiduciary liability and class actions since the SCOTUS ruling?