About the Course
Introduction
This CLE webinar will provide employee benefits counsel, plan sponsors, and advisers an in-depth analysis of recent ERISA class action lawsuits regarding voluntary benefits programs and fiduciary liability. The panel will discuss recent ERISA class actions challenging voluntary benefits, safe harbors, and exemptions; fiduciary liability and risks for plan sponsors and brokers; and key issues stemming from recent class actions.
Description
The recent wave of ERISA class action lawsuits focused on voluntary benefit programs has plan sponsors, consultants, and brokers on edge. These class action lawsuits could significantly impact voluntary benefit programs and raise issues of excessive fees, hidden costs, and fiduciary liability. Employee benefits attorneys and litigators must identify challenges and opportunities to avoid or minimize claims against fiduciaries and plan service providers.
Voluntary benefits are an addition to other employee benefits providing such things as accident, critical illness, and hospital indemnity coverage, offered on a voluntary basis and are paid by employees. Generally, these benefits are usually excluded from the definition of an "employee welfare benefit plan" if they fall under the safe harbor by meeting certain conditions are met. However, new class action lawsuits have opened the door to the possibility of these plans being considered "ERISA plans" subjecting sponsors, brokers, and consultants to potential fiduciary liability.
ERISA counsel and plan fiduciaries must keep abreast of these emerging and evolving theories of liability, as well as case law developments addressing substantive and procedural issues to effectively defend fiduciaries, brokers, and companies.
Listen as our panel discusses recent ERISA class actions challenging voluntary benefits, available safe harbors and exemptions, fiduciary liability, and risks for plan sponsors and brokers.
Presented By
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.
Mr. Conley has a broad-based practice focusing on all aspects of employee benefits, executive compensation, fiduciary governance and data privacy. He garners nationwide recognition for his thought-leadership on health and welfare plan design and compliance issues. Mr. Conley regularly speaks and publishes on cutting-edge benefits developments, having counseled clients through the turbulent times of the Affordable Care Act’s implementation and the COVID-19 benefits-related upheaval. His involvement with various policy organizations, including SHRM, the American Benefits Council, the ERISA Industry Committee and the Chamber of Commerce allow him to keep clients ahead-of-the-curve on breaking benefits developments so they can inform their internal stakeholders of what to expect. Mr. Conley regularly provides input to regulatory agencies and even Congress on pending proposals to ensure his clients have a voice in the process.
Mr. Morrison has extensive experience representing employers, employee benefit plans, and fiduciaries in a broad range of employment and employee benefits litigation. He has successfully handled litigation at all stages—from pre-lawsuit negotiation and evaluation through trials and appeal. Mr. Morrison has successfully handled numerous high-stakes ERISA class actions for Fortune 500 companies.
Mr. Wozniak defends companies, fiduciaries and public institutions throughout the United States in Employee Retirement Income Security Act of 1974 (ERISA), employee stock ownership plans (ESOP), labor and employment, and business disputes.
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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, March 24, 2026
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Overview of voluntary benefit programs
II. Review of voluntary benefit program litigation
III. Analyzing legal theories and defense tactics
IV. Best practices for counsel, fiduciaries, consultants, and brokers
The panel will review these and other key issues:
- Updates regarding recent class action lawsuits on voluntary benefit programs and fiduciary liability
- Impact of voluntary benefit program class actions on plan sponsors, consultants, and brokers
- Determining if a voluntary plan is an ERISA plan or if a safe harbor exemption applies
- Analyze effective defense tactics and legal theories to successfully defeat these cases
- Discuss strategies for avoiding litigation and how to best position a voluntary benefits plan for a successful defense
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