Interested in training for your team? Click here to learn more

2023 ERISA Litigation Update: DOL ESG Rule Lawsuit, Fiduciary Duty Claims, Legal Theories, and Tactics

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

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Wednesday, April 5, 2023

Recorded event now available

or call 1-800-926-7926

This CLE webinar will provide guidance to employee benefits counsel on recent ERISA litigation and key issues for plan sponsors and third-party administrators. The panel will discuss the recent lawsuit filed against the DOL regarding ESG rules, fiduciary duty claims, and benefits litigation procedures and best practices for employee benefits counsel.


In the past year, there has been an increase in ERISA litigation, including arbitration, stemming from the breach of fiduciary duty, recent DOL ESG rules, plan fees, and third-party administration liability. Failure to follow best practices and risk mitigation strategies for ERISA-covered plans often results in litigation and can cost millions in legal fees and settlements.

Recent cases have shown that methods of plan investment selection, excessive fees, benefit claims procedures, and administrator liability are often the basis of litigation alleging breach of fiduciary duty against plan sponsors and administrators. Fiduciary responsibilities under ERISA require plan sponsors and administrators to monitor fee structures and limit expenses, avoid conflicts of interest, protect data, and select investment options and providers to benefit plan participants.

There are a number of cases within the past year showing how courts interpret and apply the Hughes decision and other cases' continued focus on fiduciary duty and the extent of liability. In addition, half the states have filed a lawsuit against the DOL regarding their recent ESG rules under a variety of claims under ERISA.

ERISA counsel and fiduciaries seeking to minimize liability must identify key items in plan design and administration and effectively manage lawsuits when needed.

Listen as our panel discusses the latest ERISA litigation and the differences in claims, theories, and causes of action. The panel will also offer techniques for managing lawsuits and what to do to avoid litigation.



  1. Recap of key 2022 court cases
  2. Recent DOL ESG rule lawsuit
  3. Other cases, legal theories, and tactics
  4. Best practices for counsel and fiduciaries


The panel will discuss these and other key issues:

  • What has been the impact of key 2022 ERISA litigation cases?
  • What are legal theories and effective defense tactics used in recent cases?
  • What is the extent of fiduciary duty liability under ERISA after recent cases involving plan transactions?
  • Other cases and their impact on plan sponsors and administrators


Fleckner, James
James O. Fleckner

Goodwin Procter

Mr. Fleckner is a nationally recognized leader in the field of ERISA litigation and heads the firm’s ERISA...  |  Read More

Hodge, Johnjerica
Johnjerica Hodge

Partner and Co-Chair, ESG Risk and Investigations
Katten Muchin Rosenman

Ms. Hodge represents clients in internal and governmental investigations, corporate compliance and appellate litigation...  |  Read More

Jara, Jose
José M. Jara

Fox Rothschild

Mr. Jara has over 20 years of ERISA and employee benefits experience, ranging from governmental compliance, fiduciary...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video