About the Course
Introduction
This CLE course will provide guidance to employee benefits counsel on trends in data breaches for ERISA healthcare and retirement plans, lessons from recent litigation, ERISA fiduciary obligations, ERISA preemption of state data breach laws, and contractual risk mitigation with third-party administrators (TPAs).
Description
Data breach prevention and response is an increasingly serious issue for many industries. Recent data breaches affected employers and health plans nationwide, confirming that health plans and insurers are not immune. Plan sponsors and fiduciaries must take great care to comply with complex regulations that differ based on the type of plan involved.
Unlike the liability for breaches of healthcare plans where the standards and liability are more certain (e.g., HIPAA), the standards and liability under ERISA for retirement benefit plans are becoming more conclusive. Recent litigation over the past couple of years has focused on whether ERISA fiduciaries have a fiduciary duty to take reasonable measures to prevent data breaches. Since the liability for violations of ERISA fiduciary duties is personal to the individual fiduciary, it's imperative that ERISA counsel grasp a complete understanding of fiduciary rules under ERISA and their application regarding data privacy and cybersecurity.
Listen as our panel provides guidance to benefits counsel on trends in data breaches of ERISA healthcare and retirement plans. The panel will review the recent litigation, discuss the scope of fiduciary obligations to prevent breaches, ERISA preemption of state data breach laws, and contractual risk mitigation with TPAs.
Presented By
Before joining BrownWinick, Mr. Brus worked for a fortune 500 global financial services company where he was the Chief Compliance Officer for the bank and trust company. Mr. Brus oversaw a multitude of regulatory bodies including ERISA, DOL, IRS, SEC, FINRA, OCC, and FDIC. He served in several executive management committee roles, working directly with senior management.
Ms. Hunter has nearly 20 years of experience advising employers, health insurance issuers and third-party administrators on compliance with the full range of laws impacting health and welfare benefit plans, including tax, COBRA, ERISA and the Mental Health Parity and Addiction Equity Act. She has defended hundreds of matters challenging the administration of health plan benefits, the calculation of “out of network” provider payments, and compliance with the Mental Health Parity and Addiction Equity Act and the No Surprises Act. Ms. Hunter has represented Fortune 500 sports and entertainment clients in tax, ERISA, ACA and COBRA compliance issues for employee benefit plans as a result of corporate restructuring and spin-off transactions. She has successfully defended allegations of noncompliance with ERISA’s fiduciary and prohibited transaction rules, Mental Health Parity and Addiction Equity Act, and the Affordable Care Act in Department of Labor investigations for some of the largest employer-sponsored welfare plans in the country.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Tuesday, July 28, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Trends in ERISA data breaches: healthcare and retirement plans
II. Lessons from recent litigation
III. ERISA fiduciary obligations with respect to data breaches
IV. Incorporating cybersecurity protections into retirement plan contracts with TPAs
The panel will review these and other key issues:
- What specific obligations do plan sponsors and fiduciaries have when responding to an occurrence of a data breach?
- How can plan sponsors manage their breach response to safeguard plan data, achieve an effective response, and reduce the risk of legal and regulatory action?
- What lessons can be learned from litigation and recent breaches of retirement plan employee information?
- How can cybersecurity protections be incorporated into retirement plan contracts with TPAs?
Related Courses
ERISA Fiduciaries, Data Privacy, and Cybersecurity Risks: Recent Litigation, HIPAA, ERISA Preemption
Tuesday, July 28, 2026
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Benefit Claims Administration: Avoiding Mishaps and Litigation, Compliance Challenges for ERISA Counsel
Monday, June 29, 2026
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