ERISA 401(k) Fee Litigation and New Fee Disclosure Regulations
Strategies for Bringing and Defending Fee Claims and Complying with DOL's Disclosure Requirements
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide an update on the recent ERISA 401(k) fee and expense litigation focused on defense and plaintiff strategies used in recent trials and appeals. The panel will also analyze the DOL’s new fee disclosure regulation and steps that plan providers must take to comply with the new requirements.
Outline
- Overview of litigation trends and developments
- Resolved litigation
- Pending litigation
- Jones v. Harris
- Defense perspective
- Scope of liability
- Defenses
- Litigation strategies
- Plaintiff perspective
- Theories of liability
- Litigation strategies
- DOL’s new fee disclosure regulations
Benefits
The panel will review these and other key questions:
- What are the most recent strategies employed by plaintiffs in ERISA 401(k) fee and expense litigation?
- What lessons can plan fiduciaries learn from the recent ERISA fee litigation?
- What is the anticipated impact of the Supreme Court's Jones v. Harris ruling on ERISA fee litigation?
- How do the new DOL fee disclosure regulations differ from the proposed regulations issued in 2007?
- Who is subject to the new disclosure regulations and what types of plans are covered?
Faculty
Brian T. Ortelere
Partner
Morgan Lewis
Mr. Ortelere is a Partner in the New York and Philadelphia offices, and is Co-Chair of the ERISA Litigation Practice at... | Read More
Mr. Ortelere is a Partner in the New York and Philadelphia offices, and is Co-Chair of the ERISA Litigation Practice at Morgan Lewis. His practice covers the full range of employee benefit defense litigation matters, including every variety of ERISA class action. He has particular expertise in defending class claims challenging the administration of defined benefit pension plans, 401(k) and 403(b) savings plans and ESOPs, and has abundant experience in representing fiduciaries and plan service providers in governmental investigations related to benefit plans. Along with the ERISA Litigation Practice he co-chairs, Mr. Ortelere is ranked in the top three ERISA litigators nationwide by Chambers and Partners.
CloseDerek W. Loeser
Attorney
Keller Rohrback
He practices in the firm's nationally recognized Complex Litigation Group where he focuses on ERISA, securities fraud,... | Read More
He practices in the firm's nationally recognized Complex Litigation Group where he focuses on ERISA, securities fraud, employment, and consumer protection class action litigation. Prior to private practice, he was a trial attorney in the Civil Rights Division of the U.S. Department of Justice where he prosecuted individual and class action employment discrimination cases.
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