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  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel ERISA
  • schedule 90 minutes

ERISA Fiduciary Duty Litigation: Recent Developments and Court Rulings, Strategies for Counsel

401(k), Excessive Fees, Avoiding and Defending Claims Against Companies and Fiduciaries, Assessing Fiduciary Risks

$347.00

This course is $0 with these passes:

CLE
ALL
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Description

The U.S. Supreme Court's decision in Hughes v. Northwestern Univ. significantly impacted retirement plans and addressed excessive fees, monitoring investments, and fiduciary liability. Employee benefits attorneys and litigators must identify challenges and opportunities to avoid or minimize claims against fiduciaries and plan service providers.

In Hughes v. Northwestern Univ., the Supreme Court ruled that offering a variety of investment choices within the plan does not serve as a defense against claims that other investment options were imprudent or that the plan paid excessive fees. The Court vacated the Seventh Circuit's decision but did not speak to the plausibility of the claims at issue.

Since SCOTUS' ruling, new court cases have potentially opened the door to more litigation attempts regarding fiduciary decisions related to retirement plan administration and fees covered by ERISA. ERISA counsel and plan fiduciaries must keep abreast of emerging and evolving theories of liability, as well as case law developments addressing substantive and procedural issues to effectively defend fiduciaries and companies.

Listen as our panel discusses critical challenges for fiduciaries and plan service providers and offers next steps for employers as well as best practices in preventing and litigating claims.

Presented By

Mark E. Bokert
Partner, Co-Chair
Davis+Gilbert LLP

Mr. Bokert is co-chair of the firm's Benefits + Compensation Practice Group. His practice encompasses nearly all aspects of executive compensation and employee benefits, including matters related to equity plans, deferred compensation plans, phantom equity plans, qualified retirement plans and welfare plans. Mr. Bokert has extensive experience in Section 409A and deferred compensation arrangements. He has extensive experience in counseling plan committees on their fiduciary responsibilities under ERISA.

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Christina L. Hennecken
Partner
Goodwin Procter LLP

Ms. Hennecken is a partner in the firm’s Complex Litigation & Dispute Resolution, ERISA Litigation and Consumer Financial Services Litigation practices. She represents financial institutions and corporate clients in class actions, government enforcement proceedings and investigations, and complex civil litigation involving ERISA, the Consumer Financial Protection Act, and other federal and state consumer financial protection statutes. She has extensive experience defending fiduciaries and plan sponsors in ERISA litigation matters.

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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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Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, April 9, 2024

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Key ERISA rules impacting class actions
  2. Hughes v. Northwestern Univ.
  3. Other cases, legal theories, and tactics
  4. Best practices for counsel and fiduciaries

The panel will discuss these and other key issues:

  • What are the critical ERISA rules impacting fiduciary claims and class action claims?
  • How did the U.S. Supreme Court ruling in Hughes v. Northwestern Univ. impact claims and litigation tactics?
  • What other cases appear to have had a significant impact on fiduciary liability and class actions since the SCOTUS ruling?