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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, September 17, 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 employee benefits counsel an in-depth analysis of the U.S. Supreme Court's rulings in Loper Bright v. Raimondo and Corner Post Inc. v. Board of Governors of the Federal Reserve System and their impact on ERISA, employee benefits, and executive compensation. The panel will discuss the repeal of the Chevron deference doctrine regarding the review of federal agency interpretation of ambiguous statutes, navigating employee benefits and compensation structures in light of the court decision, the anticipated impact the Court's decisions will have on rulemaking, adjudication, and litigation, and next steps for counsel, plan sponsors, and administrators.

Faculty

Lindsey R. Camp
Partner
Holland & Knight LLP

Ms.Camp is a litigation attorney in Holland & Knight's West Palm Beach and Atlanta offices. She defends companies, fiduciaries and executives throughout the United States in Employee Retirement Income Security Act of 1974 (ERISA), labor and employment, and business disputes. Ms.Camp has experience litigating complex cases involving ERISA, federal securities laws, federal whistleblower statutes, anti-discrimination laws, trade secrets and business disputes. During the course of her career, she has defended a number of class actions and ERISA breach of fiduciary duty actions. Ms. Camp also has experience with matters involving employee stock ownership plans (ESOPs), 401(k) plans, Consolidated Omnibus Budget Reconciliation Act (COBRA) notices, medical benefit plans, securities fraud, and trade secrets and covenants-not-to-compete. She has significant experience successfully litigating these cases to settlement, summary judgment and verdict. Ms. Camp is a frequent lecturer and writer on a wide range of ESOP, employee benefits, employment- and business-related issues, including ERISA compliance and preemption, and U.S. Department of Labor (DOL) audits and investigations.

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Katherine B. Kohn
Partner
Thompson Hine

Ms. Kohn is a partner in the firm’s Employee Benefits & Executive Compensation group. She counsels small businesses, Fortune 500 companies, nonprofits, individual owners, boards of directors, unsecured creditors’ committees and plan sponsors on qualified and nonqualified retirement plans, multiemployer (union) plans and health plans with a specific focus on bankruptcies, mergers and acquisitions and corporate planning. Ms. Kohn assists her clients in finding practical and valuable solutions regarding plan mergers and spinoffs, plan de-risking transactions, plan terminations, plan corrections, overfunded plans and corporate transactions and reorganizations involving retirement and health plans. She also counsels her clients on matters related to multiemployer plan issues, including withdrawal liability and benefits litigation. Ms. Kohn advises private funds and benefit plan investors on ERISA compliance issues, particularly with regard to disclosure, plan investment issues and negotiations.

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Description

The U.S. Supreme Court decisions in Loper Bright Enterprises v. Raimondo and Corner Post v. Board of Governors of the Federal Reserve System are expected to have a significant impact on federal agency rulemaking, rule implementation, and legal challenges to federal rules. Attorneys assisting clients with ERISA, employee benefits, and executive compensation matters must understand the implications of these rulings and how their clients may be affected.

Loper Bright overruled the Chevron doctrine which has served as the two-step framework for federal courts in deciding disputes between federal agencies and private parties challenging agency regulations for decades. Under Chevron, courts would first ask whether Congress had "directly spoken to the precise question at issue" in the statute. If not, the courts were required to defer to the agency's interpretation as long as it was reasonable. Loper Bright has now put the task of interpreting statutory provisions back into the hands of federal courts.

Corner Post has increased agency exposure to suits by redefining when the statute of limitations period begins during which rules may be challenged. The Court held that the six-year statute of limitations for suits against the federal government begins to run only once the plaintiff has been injured, a significant change from the prior stance that the six-year period began once the rule was published. Therefore, entities formed within the last six years may challenge regulations that have stood for decades.

Listen as our expert panel guides practitioners through the recent Loper Bright and Corner Post decisions and discusses the impact on ERISA regulations, employee benefits, and executive compensation, as well as potential new challenges to longstanding regulations.

Outline

  1. Introduction: a brief history of the Chevron deference doctrine
  2. Loper Bright v. Raimondo
  3. Corner Post v. Board of Governors of the Federal Reserve System
  4. Legislative and regulatory effect
  5. Regulatory challenges and litigation
  6. Practitioner takeaways

Benefits

The panel will review these and other important issues:

  • How will Loper Bright impact ERISA regulations, employee benefits, and executive compensation?
  • What effect will Corner Post have on litigation challenging agency rules?
  • How may the decisions affect regulatory rulemaking?
  • What is the potential impact of the decisions on clients?