BarbriSFCourseDetails
  • videocam Live Webinar with Live Q&A
  • calendar_month March 24, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel ERISA
  • schedule 90 minutes

Voluntary Benefits and ERISA Fiduciary Litigation: Recent Class Action Lawsuits, Next Steps for Sponsors and Brokers

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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 will significantly impact group health and welfare plans and address 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 covering 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" or fall under the safe harbor exemption if 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

Lindsey R. Camp
Partner
Holland & Knight LLP

Ms. Camp is a trial attorney in Holland & Knight's West Palm Beach and Atlanta offices and a member of Holland & Knight's Chambers-recognized ERISA Litigation Team. She helps companies navigate the most complex challenges in employee benefits litigation with clarity, confidence and strategic insight. Ms. Camp represents plan sponsors, fiduciaries and boards in high-stakes Employee Retirement Income Security Act of 1974 (ERISA) class actions and regulatory enforcement matters. Clients rely on her not only for her courtroom experience but also for her practical, business-minded guidance that helps minimize risk in the administration of defined contribution and health and welfare plans. A seasoned trial attorney, Ms. Camp has successfully defended numerous ERISA class actions involving breach of fiduciary duty, prohibited transactions, excessive fee claims and plan termination disputes. Her litigation experience spans federal courts, arbitration panels and appellate forums nationwide.

Benjamin J. Conley
Partner
Seyfarth Shaw LLP

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.

Ian H. Morrison
Partner
Seyfarth Shaw LLP

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.

Todd D. Wozniak
Partner
Holland & Knight LLP

Mr. Wozniak is a seasoned trial attorney and strategic advisor who leads Holland & Knight's ERISA Litigation Team and the Atlanta Litigation Practice Group. With more than 20 years of experience, he represents companies, fiduciaries and institutions nationwide in high-stakes disputes involving Employee Retirement Income Security Act of 1974 (ERISA), employee stock ownership plans (ESOPs), executive compensation, labor and employment and class actions. Mr. Wozniak is known for delivering practical, business-oriented solutions to complex legal challenges. He has successfully defended dozens of class and collective actions and tried more than 40 cases or arbitrations to verdict. Mr. Wozniak's litigation experience spans ERISA and ESOP class actions, wage-and-hour claims, whistleblower and retaliation matters, discrimination and harassment disputes, trade secret and non-compete enforcement, and traditional labor relations.

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


  • Live Online


    On Demand

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