ERISA Disclosure Litigation and Equitable Remedies: One Year After Cigna Corp. v. Amara
Assessing Latest Developments on Enforcement of Plan Descriptions, Burdens of Proof, and Equitable Remedies
Recording of a 90-minute CLE webinar/teleconference with Q&A
Conducted on Wednesday, August 15, 2012
Recorded event now available
This CLE webinar will provide benefits counsel with a review of judicial developments since Cigna Corp. v. Amara. The panel will address the impact and practical ramifications of the Amara decision on disclosure claims and the availability of equitable remedies under ERISA.
Description
The Supreme Court's 2011 Cigna Corp. v. Amara ruling addressed the elements of an ERISA disclosure violation claim, including the status of a plan description and proof necessary to prevail. The Court acknowledged the availability of equitable remedies, such as reformation and a monetary surcharge.
Over the past year, many courts have interpreted Amara. Some courts have ruled that any provision in the summary plan description (SPD) that is not also in the plan document cannot be enforced, and others have more narrowly held that SPD provisions cannot be the basis to enforce the terms of the plan.
The Ninth Circuit's 2012 Skinner v. Northrop Grumman Ret. Plan ruling narrowly construed the Court's broad interpretation of equitable remedies available. And, the Court granted cert to a Third Circuit case over when courts can use equitable principles to override contractual reimbursement provisions.
Further, the effect of Amara combined with judicial interpretations of Metro. Life Ins. Co. v. Glenn creates questions about what recovery and remedies are available, based on procedural errors in the individual benefits claim process.
Listen as our panel of ERISA legal specialists provides practical approaches based on post-Amara developments on the status of plan descriptions, the level of proof in disclosure claims, and the availability of equitable remedies in ERISA litigation.
Outline
- Amara holdings
- Latest developments on conflicts between plans and descriptions
- Latest developments on equitable remedies
- Combined impact of Amara and Glenn
- Latest developments on burdens of proof for disclosure violations and remedies
- Future impact of Amara and its progeny
- Litigation strategies as a result of Amara
Benefits
The panel will review these and other key questions:
- What were the significant issues addressed by the Supreme Court in Amara?
- How have post-Amara cases developed these issues?
- What are the practical ramifications for the current state of ERISA law on the availability of equitable remedies?
- What is the significance of the recent grant of cert by the Supreme Court in the Third Circuit decision in U.S. Airways v. McCutchen?
- How can counsel use the most recent developments in preparing a litigation strategy?
Faculty
Amanda A. Sonneborn, Partner
Seyfarth Shaw, Chicago
She has considerable experience in ERISA and employee benefits litigation including defense of claims for benefits, breach of fiduciary duty claims, cash balance plan claims, breach of contract claims, and ERISA Section 510 employment discrimination claims. She devotes a considerable amount of her practice to litigation of class-action and multi-plaintiff claims.
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.
Patrick C. DiCarlo, Partner
Alston & Bird, Atlanta
He focuses his practice on ERISA litigation and represents retirement and welfare plans in claims for benefits or fiduciary breach. He has represented some of the country's largest companies in service provider fee issues, suits challenging the prudence of plan investments, executive compensation disputes, disclosure issues, and challenges to benefit claim review procedures and decisions.
Noah G. Lipschultz, Shareholder
Littler Mendelson, Minneapolis
He focuses on representing employers in labor and employment matters, including employee benefits litigation arising under ERISA, matters pertaining to retiree health benefits and the enforcement of ERISA plan subrogation/reimbursement rights. He represents the petitioner in U.S. Airways Inc. v. McCutchen, which was recently granted cert by the Supreme Court.
Ordering
Online CLE - Audio Recording
Includes streaming audio of full program plus handouts (available 24 hours after live program).
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 $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, 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) $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
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
The PowerPoint presentation made things easy to understand.
Ian Weinberger
The Lambos Firm
The program was very helpful and gave me a good overview.
Lauren Piana
Odin, Feldman & Pittleman
The webinar addressed exactly what I needed for this area of my practice. Very useful information and very impressive program.
Nona Massengill
Williams Mullen
I appreciated that the seminar’s comprehensive coverage was targeted to those not already expert in this area of law.
Patricia Chapman
Gleaves Swearingen
Strafford's on-line session was easy to attend and the topic was timely.
Jessica Lermond
Chartis Claims
Employment & ERISA Advisory Board
Partner
Littler Mendelson
Partner
Perkins Coie
Partner
Wick Phillips
Shareholder
Littler Mendelson
Partner
Bracewell & Giuliani
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.