ERISA Benefits Claims After MetLife v. Glenn
Evaluating Potential Structural Conflicts of Interest and Minimizing Their Impact on Litigation Outcomes
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, December 3, 2009
Recorded event now available
This CLE seminar will discuss individual benefits claims litigation post-Glenn, the legal issues regarding structural conflicts, the scope of discovery into the underlying conflict, and provide best practices for counsel to employers and insurers to minimize the impact of conflicts on the litigation outcome.
Description
The Supreme Court’s ruling in Metropolitan Life Ins. Co. v. Glenn has altered the landscape of ERISA disability benefit claims litigation. Glenn focused on plan administrators' conflicts of interest and the scope of judicial review over denials of ERISA benefit claims.
Since that decision, courts have struggled to apply its standard of review in cases where a conflict is alleged and to assess the conflict as a “factor” in whether the plan administrator abused its discretion. Glenn’s “factor test” also impacts the scope of discovery into the underlying conflict.
In the wake of Glenn, counsel must guide plan administrators in taking steps now to minimize factors that could arguably present a conflict of interest. Compensation incentives and funding mechanisms are just two of the areas that plan administrators and their legal counsel must reconsider.
Listen as our authoritative panel of attorneys discusses the impact of Glenn on individual benefits claims and litigation, identifying potential structural conflicts in ERISA plans, framing discovery into the underlying conflict, and minimizing the impact of conflicts on the litigation outcome.
Outline
- Impact of MetLife v. Glenn on structural conflicts of interest
- Glenn’s “factor test”
- Courts of appeals application of Glenn
- Trends
- Impact of MetLife v. Glenn on scope of discovery available to claimants
- Scope of discovery post-Glenn
- Courts of appeals cases post-Glenn
- Impact of Glenn on cost of litigation
- Best practices to minimize the impact of conflicts on the litigation outcome
Benefits
The panel will review these and other key questions:
- How have courts applied Glenn with respect to conflict of interest?
- How should discovery be conducted to flesh out the conflict of interest issues identified in Glenn?
- Can funding benefits through a trust be an effective way to distance benefits determinations from the conflict of interest analysis?
- What is the impact of Glenn on the cost of benefits-denial litigation?
Faculty
Daly D. E. Temchine,
Member
Epstein Becker Green, Washington, D.C.
He provides representation, advice and counseling to clients in the healthcare industry and is recognized as one of the country's leading attorneys with regard to ERISA preemption matters. He represents managed care entities, ERISA plans and plan sponsors, plan administrators, insurers, hospitals, vertically integrated provider groups, and physician groups and associations.
J. Timothy McDonald,
Partner
Rogers & Hardin, Atlanta
His practice primarily focuses on litigation and counseling regarding employment law and employee benefit issues. He advises employers on employment practices and benefit issues and represents fiduciaries, benefit plans and employers in employee benefits litigation. Those representations include individual and class action cases in federal courts throughout the country as well as state courts.
Richard N. Bien,
Partner
Lathrop & Gage, Kansas City, Mo.
His practice involves defense of class action and claims for self-insured or partially insured entities, financial services companies, life, health and disability insurance defense, and ERISA. He was Lead Counsel in the leading case on preemption of state penalty statutes and has handled over 300 matters defending claims handling activities by insurers, plan administrators and other ERISA fiduciaries.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
Pre-approved for participatory or non-traditional/alternate format credit in: CA, HI*, NY*, WV*.
Pre-approved for self-study credit in: AK, AZ, MO, MT, TX*, VT, WA.
Upon request, also available in: CO, CT*, FL, GA, ID, KY, LA*, ME, NC, ND, NE, NH, NM, NV, OR*, SC, TN, UT, WI, WY. If you are applying for credit in one of these states, make sure to select those states when placing your order.
(*Indicates that Strafford must report attendance.)
Online CLE Audio $149.00
Available 24 hours after the live event
Recorded Event
Includes full event recording plus handouts (available after live seminar).
CLE: Pre-approved for self-study credit in: AK, AZ, CA, CT, HI, MO, MT, NY, TX*, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, GA, ID, KY, ME, ND, NE, NH, NM, NV, OR, UT, WI, WY. If you are applying for self-study credit in one of these states, contact Strafford CLE at 1-800-926-7926 ext. 35 or CLE@straffordpub.com. (*Indicates that Strafford needs to process the CLE — see below to purchase this option.)
Webinar Download (Slide Presentation with Audio) $49.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $49.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio Only) $49.00
Available 24 hours after the live event
CD (Audio Only) $49.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
Strafford webinars/teleconferences offer several options for participation: online viewing of speaker-controlled PowerPoint presentations with audio via computer speakers or via phone; or audio only via telephone (download speaker handouts prior to the program). Please note that our webinars do not feature videos of the presenters.
CLE Credit
Strafford's live seminars qualify for CLE in every state that accredits webinars. They offer you a high quality, cost effective, and convenient CLE option, with no lost travel time or expenses.
Customer Reviews
Good materials plus well prepared presenters and a good level of detail.
John H. Merkle
Fredrikson & Byron, P.A.
The seminar was understandable, fluid and thorough for the topics covered.
Susan L. Dolin, Esq.
Susan L. Dolin, P.A.
I liked the substance of the program and the ease of participating.
Paul L. Hammann
First American Title Insurance Company
The program was very to the point — no fluff.
Brian McNamara
Wright Lindsey & Jennings
The program covered a fair amount of material in a short time period.
Dawn Sharff
Bradley Arant Boult Cummings LLP
Employment & ERISA Advisory Board
Partner
Littler Mendelson
Partner
Perkins Coie
Partner
Wick Phillips
Shareholder
Littler Mendelson
Shareholder
Greenberg Traurig
Partner
Gibson Dunn & Crutcher
Partner
Gladstone Michel Weisberg Willner & Sloane
Shareholder
Greenberg Traurig
Our Guarantee
Strafford webinars and teleconferences are backed by our 100% Unconditional Money-Back Guarantee: if you are not satisfied with any of our products, simply let us know and get a full refund. For more information regarding complaints and refunds, please contact us at 1-800-926-7926 ext 10.