Data Breaches in ERISA Benefit Plans: Prevention and Response

Navigating Regulations Governing Self and Fully Insured Plans; Complying with Notice Requirements

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

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Conducted on Thursday, April 23, 2015

Recorded event now available

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Course Materials

This CLE course will provide ERISA counsel with the tools necessary to prevent instances of catastrophic data breach as well as response techniques if a data breach should occur. Our experienced panelists will provide best practices in regards to regulations applicable to self and fully insured plans, notice requirements and response strategies.


Data breach prevention and response has become a serious issue for many industries. Anthem’s data breach has affected employers and health plans from coast to coast, confirming that health plans and insurers are not immune. Plan sponsors and fiduciaries must take great care to comply with complex regulations that differ depending on the type of plan involved.

When responding to a data breach, plan fiduciaries must be specifically knowledgeable of the rules regarding notification.  Both state and federal law impose notice obligations on data breaches, and a timely and thorough response is crucial to mitigating the risks associated with these incidents. Fiduciaries must be prepared to correctly determine the responsible party/entity, which rules govern, the timeframe and content of the notification.

ERISA counsel should also pay keen attention to implementing techniques that reduce the risk of experiencing such catastrophes, diminishing a plan’s exposure to legal and regulatory actions.

Listen as our esteemed panel reviews the complex obligations required in responding to incidences of data breach in ERISA benefit plans. Experienced counsel will discuss specific notification requirements and techniques to prevent data breach.



  1. Data breach obligations
    1. Fully-insured plans
    2. Self-insured plans
  2. Data breach prevention
  3. Data breach response techniques


The panel will review these and other key issues:

  • What steps must plan sponsors and fiduciaries take to prevent catastrophic data breach?
  • What specific obligations do plan sponsors and fiduciaries have when responding to an occurrence of a data breach?
  • How can plan sponsors manage their breach response to safeguard plan data, achieve an effective response, and reduce the risk of legal and regulatory action?


Vance E. Drawdy
Vance E. Drawdy

Ogletree Deakins

Mr. Drawdy assists a broad range of clients with litigation arising under employee benefit plans, including both...  |  Read More

Stephen A. Riga, Esq.
Stephen A. Riga, Esq.

Ogletree Deakins

Mr. Riga concentrates his practice in the area of employee benefits and privacy and security issues. His benefits...  |  Read More

Timothy G. Verrall
Timothy G. Verrall

Ogletree Deakins

Mr. Verrall advises a diverse range of clients on a wide variety of employee benefit plan issues arising under ERISA,...  |  Read More

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