ERISA Benefits Litigation Defenses: Exhaustion of Administrative Remedies and Statute of Limitations
Leveraging Pre-Trial Defenses Amid Divergent Court Standards
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Thursday, September 16, 2010
Recorded event now available
This CLE webinar will provide guidance to attorneys defending ERISA claims on the exhaustion of administrative remedies defense and crafting plan provisions to preserve the exhaustion defense and limit litigation over outdated claims.
Description
Courts have routinely applied the administrative exhaustion requirement to Section 502(a)(1)(B) benefits claims, but not to Section 502(a)(2) breach of fiduciary duty claims, resulting in inconsistent court rulings on applying the exhaustion requirement.
Preserving the exhaustion argument in litigation depends heavily on the plan language, which makes plan drafting and documentation even more critical. Many courts have also upheld contractual venue provisions where plans have attempted to exercise control over venue through plan design.
In addition, benefit plans may contractually provide for a shorter statute of limitations period than provided under state law and specify when a claim accrues. The ability to control accrual dates through plan design can avoid litigation over outdated claims.
Listen as our authoritative panel of ERISA attorneys analyzes the exhaustion of administrative remedies defense in ERISA benefits litigation and provides best practices to preserve the exhaustion defense and shorten the statute of limitations through plan design.
Outline
- Exhaustion of administrative remedies defense
- Applicability to Section 502 (a)(1)(b) benefits due claims
- Applicability to Section 502(a)(2) and (a)(3) breach of fiduciary duty claims
- Futility exception
- Issues exhaustion
- Statute of limitations and contractual limitations
- Accrual of claims
- Plan design for the claims administration process
- Scope of claims subject to the administrative process
- Appeals procedures
- Production of relevant information and documents
- Forum selection and arbitration clauses
- Statute of limitations
Benefits
The panel will review these and other key questions:
- How do courts apply the exhaustion of administrative remedies requirement to breach of fiduciary duties claims?
- What is issues exhaustion and how can plans address this issue?
- How can plans preserve and maximize the administrative exhaustion defense through plan design?
Faculty
Todd D. Wozniak,
Partner
Greenberg Traurig, Atlanta
He is a trial lawyer who defends companies and public institutions nationwide in labor and employment, ERISA, and business disputes. He is experienced in ERISA and employee benefits litigation, wage/hour litigation, state and federal whistle-blower statutes, non-discrimination laws, plant closing and mass layoff laws, collective bargaining and traditional labor relations.
Patrick W. Spangler,
Attorney
Vedder Price, Chicago
His practice focuses on employment discrimination, wrongful discharge and ERISA litigation, employee benefit plan design and administration, and, traditional labor matters. He has significant ERISA litigation experience defending individual, class action and multiparty litigation alleging breach of fiduciary duty, denial of pension/welfare benefits, discrimination in benefits and ERISA preemption.
Patrick C. DiCarlo,
Partner
Alston & Bird, Atlanta
He focuses his practice on ERISA litigation with an emphasis on ERISA and securities issues arising in the retirement plan context. He has represented some of the country’s largest companies with respect to service provider fee issues, suits challenging the prudence of retirement plan investments, executive compensation disputes, disclosure issues and challenges to benefit claim review procedures.
Ordering
Online CLE - Audio Recording
Includes audio streaming of full program plus handouts (available 24 hours after live seminar).
CLE:
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Online CLE Audio $297.00
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, GA, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, FL, 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.
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plus $9.45 S&H
Available ten business days after the live event
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Available 24 hours after the live event
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plus $9.45 S&H
Available ten business days after the live event
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Natalie Kossak
Independent Fiduciary Services
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
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