ERISA Class Action Trends: Trial and Settlement Strategies
Leveraging the New Developments in Stock Drop, Cash Balance Plan, Fiduciary Duty, Plan Administration and Fee Cases
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, March 17, 2010
Recorded event now available
This CLE webinar will provide guidance to counsel for plan administrators and fiduciaries to avoid or minimize class action litigation. The panel will examine recent trends in ERISA class actions, analyze key substantive and procedural issues in recent rulings, and suggest trial and settlement tactics.
Description
The faltering economy, an aging workforce and mass layoffs created the perfect storm for ERISA class action lawsuits during 2009. Class certification issues predominated in cases challenging employer stock incentives in 401Ks and ESOPs, investment management decisions, and management fees.
Other issues addressed during 2009 include breach of fiduciary duties, pension calculations, attorney fee awards, and the effect of Iqbal on pleadings.
The circuits are currently split on whether plaintiffs who received lump-sum distributions have standing to file lawsuits. In addition, courts continue to wrestle with the issue of whether cash balance plans are age-discriminatory.
Listen as our panel of employee benefits attorneys explains current trends in ERISA class action litigation, suggests effective trial and settlement strategies for ERISA class action claims, and discusses steps plan fiduciaries should take to avoid and reduce ERISA litigation.
Outline
- ERISA class action trends
- Stock drop suits
- Fee cases
- Cash balance claims
- Plan administration suits
- Fiduciary duties
- Litigation and settlement strategies
- Class certification
- Standing
- Attorney fee awards
- Best practices for fiduciaries to avoid and reduce ERISA litigation
- Consistent and careful oversight of plans
- Participant communications
- Keeping up to date on changes in the law and the investment/administrative marketplace
Benefits
The panel will review these and other key questions:
- What are the bases for the recent wave of ERISA class action lawsuits—and what defenses are available to plan fiduciaries?
- How have the courts addressed claims involving breach of fiduciary duties, pension calculations, attorney fee awards, and the effect of Iqbal on pleadings?
- What litigation and settlement strategies have proven effective for counsel pursuing and defending ERISA class action claims?
Faculty
Ian H. Morrison,
Partner
Seyfarth Shaw, Chicago
He co-chairs the firm's ERISA Litigation Practice Group. His ERISA and employee benefits litigation experience includes defense of claims for benefits, breach of fiduciary duty claims, reporting and disclosure claims, severance pay and stock option claims, and ERISA Section 510 employment discrimination claims. He has represented employers, employee benefit plans, and fiduciaries in litigation.
Neil A. Capobianco,
Partner
Seyfarth Shaw, New York
He specializes in ERISA and wage and hour class action litigation and has represented and advised management in all aspects of labor, employment, and employee benefits law matters. He has successfully defended employment discrimination, wrongful discharge, and retaliation claims, enforced and defended restrictive covenants and negotiated executive contracts and separation agreements.
Linda J. Haynes,
Partner
Seyfarth Shaw, Chicago
She has substantial experience counseling clients in all elements of employee benefit plans and executive compensation. She regularly counsels public and private clients in connection with the planning, development, and administration of their employee benefit programs, including qualified and nonqualified retirement plans, health plans, cafeteria plans, and other types of welfare plans.
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, FL, MO, MT, TX, VT, WA.
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(*Indicates that Strafford must report attendance.)
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, FL, HI, MO, MT, NY, TX, VT, WA, WV. Upon request, self-study credit is also available in: CO, 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.
Webinar Download (Slide Presentation with Audio) $297.00
Available three business days after the live event
DVD (Slide Presentation with Audio) $297.00
plus $9.45 S&H
Available ten business days after the live event
MP3 Download (Audio with Slide PDFs) $297.00
Available 24 hours after the live event
CD (Audio with Slide PDFs) $297.00
plus $9.45 S&H
Available ten business days after the live event
Webinar/Teleconference
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Standard Chartered Bank
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The panelists covered the topic well and in depth.
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Edwards Angell Palmer & Dodge
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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