2022 ERISA Fiduciary Duty Litigation: SCOTUS Ruling in Hughes v. Northwestern University, Strategies for Counsel

401k, Excessive Fees, Avoiding and Defending Claims Against Companies and Fiduciaries, Assessing Fiduciary Risks

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Wednesday, April 13, 2022

Recorded event now available

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Course Materials

This CLE webinar will provide ERISA counsel and plan fiduciaries an in-depth analysis of the U.S. Supreme Court's decision in Hughes v. Northwestern Univ. and other recent cases and their impact on ERISA litigation. The panel will discuss the issues presented and the impact of the Supreme Court's decision. The panel will also discuss critical challenges for fiduciaries and plan service providers and offer next steps for employers as well as best practices in preventing and litigating claims.

Description

On Jan. 24, 2022, the U.S. Supreme Court issued a ruling in Hughes v. Northwestern Univ. that significantly impacts retirement plans and addresses excessive fees, monitoring investments, and fiduciary liability. Employee benefits attorneys and litigators must identify challenges and opportunities to avoid or minimize claims against fiduciaries and plan service providers in light of the Supreme Court's recent ruling.

In Hughes v. Northwestern Univ., the Supreme Court ruled that offering a variety of investment choices within the plan does not serve as a defense against claims that other investment options were imprudent or that the plan paid excessive fees. The Court vacated the Seventh Circuit’s decision but did not speak to the plausibility of the claims at issue.

ERISA counsel and plan fiduciaries must keep abreast of emerging and evolving theories of liability, as well as case law developments addressing substantive and procedural issues to effectively defend fiduciaries and companies.

Listen as our panel discusses the impact of the Court's decisions on fiduciaries and plan service providers and offers next steps and best practices for employers and fiduciaries, as well as best practices in preventing and litigating claims.

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Outline

  1. Key ERISA rules impacting class actions
  2. Hughes v. Northwestern Univ.
    1. Legal theories
    2. Breach of fiduciary duty
    3. Fees
    4. Monitoring investments
    5. Evidence
  3. Other cases, legal theories, and tactics
  4. Best practices for counsel and fiduciaries

Benefits

The panel will discuss these and other key issues:

  • What are the critical ERISA rules impacting fiduciary claims and class action claims?
  • How does the U.S. Supreme Court ruling in Hughes v. Northwestern Univ. impact claims and litigation tactics?
  • What are next steps for fiduciaries and plan service providers to consider in light of the Supreme Court ruling?
  • What other cases appear to have a significant impact on fiduciary liability and class actions?

Faculty

Bokert, Mark
Mark E. Bokert
Partner/Co-Chair
Davis + Gilbert

Mr. Bokert is co-chair of the firm's Benefits + Compensation Practice Group. His practice encompasses nearly all...  |  Read More

Hennecken, Christina
Christina L. Hennecken
Attorney
Goodwin Procter

Ms. Hennecken is an associate in the firm’s Complex Litigation & Dispute Resolution, ERISA Litigation and...  |  Read More

Holly, Andrew
Andrew Holly
Partner
Dorsey & Whitney

Mr. Holly serves as co-chair of Dorsey’s ERISA Litigation Practice Group. He has nearly 20 years’...  |  Read More

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