401(k) and 403(b) Plan Litigation: Recent Cases, Investment Offerings, Issues for Plan Sponsors and Fiduciaries

Causes of Action, Defenses, Dismissals and Settlements, Best Practices for Avoiding and Managing Claims

A live 90-minute premium CLE video webinar with interactive Q&A


Wednesday, April 21, 2021 (in 3 days)

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

or call 1-800-926-7926

This CLE webinar will discuss the new wave of retirement plan litigation involving fiduciary conduct relating to 401(k) and 403(b) plans. The program will review the cases filed to date, legal theories raised, defenses, settlements, dismissals, and the current state of the litigation. The panel will also discuss the differences in claims, theories, and causes of action between 401(k) and 403(b) plans and offer techniques in managing lawsuits stemming from investment offerings, fees, what to do to potentially avoid these types of litigation and more.

Description

Plan fiduciaries of 401(k) and 403(b) are increasingly the subject of suits alleging breach of fiduciary duty due to excessive fees, imprudent selection and monitoring of investment options, and underperforming plan investment options.

Recent cases include claims that fiduciaries should have leveraged the plan's assets to qualify for lower-cost share classes of plan offerings and lower-cost administrative and investment management services, chosen less costly or better-performing investment options for the plan, and pursued reduced recordkeeping fees. Furthermore, recent claims also allege the fiduciaries selected investment options that consistently underperformed.

Listen as our authoritative panel of ERISA litigators reviews the recent wave of retirement plan litigation involving 401(k) and 403(b) plans. The panel will discuss theories, defenses, dismissals, and the current state of the litigation. The panel will analyze the differences in claims, theories, and causes of action between 401(k) and 403(b) plans and offer techniques in avoiding and managing lawsuits.

READ MORE

Outline

  1. Overview of litigation trends and developments
    1. Dismissed claims
    2. Pending litigation
  2. Defense perspective
    1. Theories of liability
    2. Defenses
  3. Best practices for counsel and fiduciaries

Benefits

The panel will review these and other key issues:

  • What are the current trends in this wave of retirement fund litigation?
  • What are the theories plaintiffs allege to support claims against 401(k) and 403(b) fiduciaries?
  • How does litigation involving 401(k) and 403(b) plans differ?
  • What are the most effective techniques in avoiding and managing claims?

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...  |  Read More

Dolph, Ada
Ada W. Dolph

Partner
Seyfarth Shaw

Ms. Dolph's practice is concentrated in ERISA litigation and employment discrimination. She regularly defends...  |  Read More

Lempert, Scott
Scott M. Lempert

Of Counsel
Cohen Milstein Sellers & Toll

Mr. Lempert is a member of the firm's Employee Benefits (ERISA) Practice Group. He joined the firm in 2016 and...  |  Read More

Attend on April 21

Cannot Attend April 21?

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 program handouts.

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

CLE On-Demand Video

Download