Damages and Remedies in ERISA Litigation

Assessing and Calculating Damages Given the Expanded Scope of Equitable and Monetary Relief

Supreme Court's CIGNA v. Amara decision significantly changes damages landscape

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


Conducted on Thursday, December 15, 2011

Recorded event now available

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Program Materials

This CLE webinar will prepare ERISA and employee benefits attorneys to assess the remedies available and calculation of damages in ERISA litigation. The panel will provide updates on the latest case law and an in-depth discussion of the newly expanded scope of relief available.

Description

ERISA litigation has exploded in the past few years in the wake of the economic crisis. Stakes are high in these cases, damages can reach into the millions of dollars and can even result in personal liability for a plan’s fiduciary.

Important variations occur in the types of claims that arise under ERISA. To avoid costly mistakes, defense counsel must understand the different types of relief available and the standards for calculating damages for fiduciary breach claims, benefits claims and claims involving indemnification and contribution.

The Supreme Court greatly expanded the scope of remedies available but raised even more questions about damages in CIGNA v. Amara earlier this year. The landscape for ERISA litigation has clearly shifted, so staying abreast of the changes is imperative for successfully resolving ERISA damage issues.

Listen as our authoritative panel of ERISA litigation attorneys discusses the impact CIGNA v. Amara will have on future ERISA litigation. They will also discuss the range of remedies available for different types of ERISA claims and developing strategies for dealing with damages.

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Outline

  1. Breach of Fiduciary Duty Sections 502(a)(2), 409
    1. Remedies
    2. Calculating Damages
  2. Breach of Fiduciary Duty Sections 502(a)(3)
    1. Remedies
    2. Calculating Damages
  3. Benefits Claims under 502(a)(1)(B)
    1. Remedies
    2. Calculating Damages
  4. Indemnity and Contribution Claims Under ERISA

Benefits

The panel will review these and other key questions:

  • How have the circuit courts split regarding indemnification and contribution issues—and where is this split headed?
  • What options are available for damages in federal district court regarding the remanded CIGNA v. Amara case?
  • What changes have recent class action litigation brought about in the areas of reliance and causation?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Todd D. Wozniak
Todd D. Wozniak

Partner
Greenberg Traurig

He is a trial lawyer who defends companies and public institutions nationwide in labor and employment, ERISA, and...  |  Read More

Sara Pikofsky
Sara Pikofsky

Partner
Jones Day

She has extensive experience with all phases of litigation focusing on violations of ERISA's fiduciary duty and...  |  Read More

Ronald S. Kravitz
Ronald S. Kravitz

Partner
Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor

With more than 20 years of experience as legal counsel in complex business litigation matters, his practice has been...  |  Read More

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