Employee Releases in ERISA Disputes: Minimizing Claims With Effective Release Provisions
Recent Decisions, ERISA Rules and Limitations, Claims Filed by Individuals vs. Benefit Plans, Challenges in Enforcement
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to ERISA counsel on key issues in the application of employee releases in ERISA claims and litigation. The panel will discuss recent court cases applying and interpreting employee release provisions in employment and severance agreements, ERISA requirements and key challenges, fiduciary liability, and best practices for ERISA counsel and plan sponsors in enforcing employee releases.
- Background and guidance for employee releases under ERISA
- Recent case law; Innis v. Bankers Trust Co. of South Dakota
- Drafting effective release language to limit claims
- Best fiduciary practices
The panel will review these and other key issues:
- What are the critical factors considered by a court in applying or interpreting the release of claims and arbitration language?
- What are the provisions in plan documents and severance agreements that ERISA counsel and plan sponsors must consider?
- What are the challenges under ERISA where employee releases or arbitration language are at issue?
- What litigation tactics are available to fiduciaries when enforcing release or arbitration provisions?
José M. Jara
Mr. Jara has over 20 years of ERISA and employee benefits experience, ranging from governmental compliance,... | Read More
Mr. Jara has over 20 years of ERISA and employee benefits experience, ranging from governmental compliance, fiduciary liability insurance, to the application of ERISA’s fiduciary standards and prohibited transaction provisions. Mr. Jara has extensive experience resolving issues for corporate plan sponsors and multiemployer plans before the U.S. Department of Labor, where he was formerly a senior pension law specialist and investigator.Close
Nancy B. Pridgen
Pridgen Bassett Law
Ms. Pridgen focuses her practice on employment litigation in the federal courts, and has handled, in some... | Read More
Ms. Pridgen focuses her practice on employment litigation in the federal courts, and has handled, in some capacity, nearly every type of employment law matter that exists. She sub-specializes in ERISA litigation, and has litigated scores of ERISA benefits claims and fiduciary cases throughout the country.Close