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2025 ERISA Litigation Update: DOL ESG Rule, Fiduciary Duty Claims, Legal Theories and Tactics

A live 90-minute premium CLE video webinar with interactive 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.

Thursday, April 17, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926
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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.

Description

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.

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Outline

  1. Recap of key court cases
  2. Recent DOL ESG rule lawsuit
  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 has been the impact of key 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

Faculty

Hennecken, Christina
Christina L. Hennecken
Partner
Goodwin Procter

Ms. Hennecken is a partner in the firm’s Complex Litigation & Dispute Resolution, ERISA Litigation and...  |  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
Counsel
Fox Rothschild

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

Attend on April 17

Cannot Attend April 17?

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. 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:

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