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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 21, 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

This course is $0 with these passes:

CLE
ALL

This CLE course will update ERISA counsel, plan fiduciaries, and service providers on recent developments in ERISA fiduciary case law. The panel will discuss ongoing 401(k) excessive fee litigation, stock drop litigation, participant and plan data cases, and other recent litigation trends. The panel will discuss the claims, theories, and defenses in such cases, and offer techniques for both managing the lawsuits and avoiding them in the first instance.

Faculty

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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Nicholas J. Bullard
Miscellaneous

Mr. Bullard's practice focuses on three primary areas: (1) employee benefit and ERISA litigation, (2) healthcare-related litigation, and (3) appellate matters. In his ERISA practice, he represents plan fiduciaries, employers, insurers, and service providers on the full range of ERISA issues. In his healthcare practice, Mr. Bullard provides comprehensive representation to hospitals and health systems, managed care organizations, pharmacy benefits managers, and health care technology companies. He also maintains a robust appellate practice. Mr. Bullard has a reputation for strong briefing and clear oral advocacy—with the power to persuade judges and juries. His recent successes include convincing a trial court to deny class certification in an ERISA action, obtaining a jury verdict on behalf of hospital system after a multi-week trial, and persuading a federal appellate court to affirm dismissal of a class action seeking $840 million in damages.

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Description

As it has for over a decade, ERISA litigation continues to expand rapidly. In addition to the traditional 401(k) excessive “fee” cases, stock drop cases, and cases involving group health plan benefits, the past year saw the development of new fronts in ERISA litigation. There was a new crop of lawsuits challenging the use and protection of plan data, alleging novel theories of recovery for group health plan benefits, and even attempts by ERISA plans to act as Plaintiffs. More of these cases are expected to be filed in the coming year.

As is true whenever dealing with the famously complex ERISA statute, a deep knowledge of ERISA’s fiduciary standards is critical to understanding and winning these cases. Even more, understanding the nature of these disputes—and how they arise—can help employers, plan fiduciaries, and service providers avoid litigation entirely. Failure to follow best practices and risk mitigation strategies for ERISA-covered plans can result in litigation, and potentially cost millions in legal fees and settlements.

Listen as our panel discusses the latest trends in ERISA litigation. The panel will also offer techniques in managing lawsuits and how best to avoid litigation in the first instance.

Outline

  1. Review 401(k), stock drop, and group health plan litigation
  2. Analyzing emerging, novel trends in litigation
  3. Best practices for in-house counsel and fiduciaries
  4. Supreme Court precedent and its effect on ERISA litigation
  5. ERISA plans as plaintiffs: opportunities to recover damages from third parties

Benefits

The panel will review these and other key issues:

  • Updates regarding recent decisions in ERISA fiduciary cases, including 401(k) fee, stock drop, and group health plan disputes.
  • Review new trends in litigation, including participant data cases and others
  • Analyze effective defense tactics and legal theories to successfully defeat these cases
  • Analyze new Supreme Court precedent and the effect on ERISA litigation claims
  • Discuss strategies for avoiding litigation and how to best position a plan for a successful defense
  • Evaluate indemnification and insurance issues
  • Review opportunities for ERISA plans to recover damages from third parties