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
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.
- Overview of litigation trends and developments
- Dismissed claims
- Pending litigation
- Defense perspective
- Theories of liability
- Best practices for counsel and fiduciaries
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?
Mark E. Bokert
Davis & Gilbert
Mr. Bokert is co-chair of the firm's Benefits & Compensation Practice Group. His practice encompasses nearly... | Read More
Mr. Bokert is co-chair of the firm's Benefits & Compensation Practice Group. His practice encompasses nearly all aspects of executive compensation and employee benefits, including matters related to equity plans, deferred compensation plans, phantom equity plans, qualified retirement plans and welfare plans. He has extensive experience in Section 409A and deferred compensation arrangements. He has extensive experience in counseling plan committees on their fiduciary responsibilities under ERISA.Close
Ada W. Dolph
Ms. Dolph's practice is concentrated in ERISA litigation and employment discrimination. She regularly defends... | Read More
Ms. Dolph's practice is concentrated in ERISA litigation and employment discrimination. She regularly defends cases involving claims of breach of fiduciary duty (including 401(k) fee litigation, “stock drop” cases, and failure to diversify), statutory penalty claims, and claims of ERISA discrimination, and has significant experience litigating these issues in the class action setting.Close
Scott M. Lempert
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
Mr. Lempert is a member of the firm's Employee Benefits (ERISA) Practice Group. He joined the firm in 2016 and represents the interests of employees, retirees, and plan participants and beneficiaries in ERISA cases in the district court and on appeal.Close