ERISA Litigation Trends
and Effective Defense Strategies
***Including Section 404(c) Safe Harbor Tactics***
CD of Teleconference with Q&A
Click here for program outline
Conducted on Tuesday, September 23, 2008
Now available on CD
Sponsored by the Legal Publishing Group of Strafford Publications
Employment Law Teleconference Advisory Board
Over 100 lawsuits filed in recent years have alleged questionable business practices concerning 401(k) plans. Allegations have focused on excessive plan fees, inadequate disclosure of financial arrangements, plan mismanagement, and most recently, improper sales practices
With over $3 trillion currently invested in 401(k) plans, continued litigation over these plans is highly likely. Plan fiduciaries are increasingly arguing that the ERISA Section 404(c) safe harbor should be a litigation shield and taking other steps to avoid lawsuits arising from 401(k) plans.
Listen as our panel of employee benefits attorneys reviews current litigation trends concerning 401(k) plans, the effectiveness of the 404(c) safe harbor and other defenses to defeat claims, and best practices for fiduciaries to avoid and reduce ERISA litigation.
The panel included:
James O. Fleckner, Partner, Goodwin Procter, Boston. He focuses on complex commercial litigation, representing financial service providers and corporate clients in ERISA, securities and derivative class actions and in private civil litigation.
Evan Miller, Partner, Jones Day, Washington, D.C. He represents companies in complex ERISA litigation cases, including fiduciary audit and other benefit-related investigations, stock drop cases and fiduciary duty class action litigation. He frequently lectures and publishes on ERISA matters.
Howard Pianko, Member, Epstein Becker & Green, New York. He chairs the firm's Employee Benefit Group and advises clients on matters relating to employee benefits, executive compensation, fiduciary responsibility and benefit related litigation.
The panel reviewed these and other key questions:
- What are the bases for the recent wave of 401(k) fiduciary duty claims — and what defenses are available to plan sponsors?
- How effective has the 404(c) safe harbor been in defending against claims?
- What are best practices for sponsors to avoid ERISA violations and liability for 401(k) plan management?
TELECONFERENCE CD
Purchase a CD-ROM of the full conference proceedings, including Q&A and PDF files of all handouts (available 10 days after the program).
- Regular Price - $297 (plus $9.45 S&H)
- With Teleconference Registration – an additional $75 (plus $9.45 S&H)
CLE credit is available for an additional $65 each for attorneys seeking CLE credits for NY or CT.
Other states may grant CLE credits for listening to this CD - check with your state about applying for self-study credit on CD-listening.