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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, November 17, 2021

  • 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 employee benefits counsel with a detailed analysis of the types of remedies available under ERISA for benefit claims. The panel will discuss equitable relief under Section 502(a)(3), other key enforcement provisions under ERISA, the scope of relief, procedural strategies in litigation, and plan terms limiting the availability of equitable remedies.

Faculty

Clarissa A. Kang
Director
Trucker Huss

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.

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Patrick W. Begos
Partner
Robinson & Cole LLP

Mr. Begos is a founding member of the firm and heads the ERISA and Contract Disputes groups. He brings more than 20 years of litigation, arbitration, mediation and negotiation experience to the firm. He works primarily on cases involving business and personal disputes in a wide variety of commercial areas including ERISA benefits, insurance coverage, corporate governance, contract disputes and employment.

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Description

ERISA litigation remains steady with benefit claims by plan participants, beneficiaries, and providers. Pursuing or defending benefit claims involves several procedural and substantive tactics and understanding ERISA provisions governing benefit and equitable claims.

Counsel must understand the remedies and challenges under ERISA's enforcement provisions to develop a plan of action for benefit claims on behalf of a plan participant and beneficiary and recognize tactics available to defend against such claims.

Counsel must also identify opportunities and potential drawbacks that impact litigation, such as standing, preemption, exhaustion of administrative remedies, the statute of limitations, and claims-based limitations defenses. Effective plan design and careful structuring of provisions and processes by administrators can maximize the likelihood of success in litigation.

Listen as our panel provides counsel with best practices for navigating issues in the litigation of benefit claims, available remedies under ERISA, defenses for plan administrators, and recent case law developments in benefits suits relating to remedies under ERISA.

Outline

  1. Benefit versus equitable claims under ERISA
  2. Key defenses on which ERISA based liability may turn
  3. Scope of equitable relief and recent case developments
  4. Key plan provisions focused on limiting the availability of equitable relief
  5. Best practices and procedural strategies for counsel in managing benefit and equitable claims

Benefits

The panel will review these and other key issues:

  • What are the proven defenses for benefit claims under ERISA?
  • What administrative processes are required under ERISA before litigation may proceed?
  • How are courts addressing procedural and substantive issues?
  • How can plans preserve and maximize their procedural and substantive defenses through plan design?
  • What are best practices and procedural strategies for managing benefit and equitable claims?