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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

    Wednesday, February 28, 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 guide ERISA counsel to manage the legal challenges of ERISA preemption rules and their impact on litigating employee benefit claims and retirement and health plan administration. The panel will discuss the application of federal rules, recent court decisions, causes of action, and key considerations and litigation techniques for plan sponsors and administrators.

Faculty

José M. Jara
Counsel
Fox Rothschild LLP

Mr. Jara has over 20 years of ERISA and employee benefits experience, ranging from governmental compliance, fiduciary liability insurance, to the application of ERISA’s fiduciary standards and prohibited transaction provisions. Mr. Jara has extensive experience resolving issues for corporate plan sponsors and multiemployer plans before the U.S. Department of Labor, where he was formerly a senior pension law specialist and investigator.

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Chelsea Ashbrook McCarthy
Partner
Holland & Knight LLP

Ms. McCarthy is an attorney in Holland & Knight's Chicago office and a member of the firm's Litigation and Dispute Resolution group. She focuses her practice on complex commercial litigation, class actions and litigation under the Employee Retirement Income Security Act of 1974 (ERISA). Ms. McCarthy represents clients in a wide array of complex business disputes, financial services litigation and class actions. She has significant experience handling claims across a variety of industries for breach of contract, fraud, breach of fiduciary duty and other business torts. Ms. McCarthy also represents companies and individuals in the prosecution and defense of restrictive covenant, trade secret claims and other employment-based claims. She has experience representing clients in complex financial services matters, with a particular focus on distressed real estate and commercial foreclosures. Ms. McCarthy also represents commercial landlords and tenants in lease disputes. She serves as the client development leader for Holland & Knight's Real Estate and Hospitality Industry Sector Group.

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Description

Section 514(a) under ERISA provides that ERISA preempts state laws insofar as they "relate to" any ERISA-covered employee benefit plan, subject to limited exceptions. This eliminates the possibility of plans having to reconcile inconsistent state and local regulations but could have significant implications if ERISA preemption applies to a claim.

A determination that ERISA preempts state law would change the entire framework of any litigation of ERISA claims which would then be litigated in federal court with limited possible remedies for plaintiffs. Under Section 514(a), ERISA preempts "any and all State laws insofar as they may now or hereafter relate to any employee benefit plan" covered by ERISA, with limited exceptions. ERISA counsel must be aware of the application of these rules to effectively manage the litigation of claims against plan sponsors and administrators.

Listen as our panel discusses the legal challenges of ERISA preemption of state laws and policies, the impact on retirement and health plan administration, lessons learned from recent court decisions, and litigation best practices for ERISA counsel.

Outline

  1. Application of ERISA preemption of claims against plan sponsors and administrators
  2. Exception to preemption rules; Section 514 (b)-(d)
  3. Recent court case and implications
  4. Considerations and best practices for ERISA counsel

Benefits

The panel will review these and other key issues:

  • Understanding ERISA preemption rules under Section 514(a) and limited exceptions
  • Recent court decisions, causes of action, and critical factors in determining the application of ERISA preemption
  • Avoiding litigation pitfalls and crucial considerations for ERISA counsel