ERISA Breach of Fiduciary Duty Class Actions: Avoiding and Defending Claims Against Companies and Fiduciaries

Leveraging Standing, Statute of Limitations, Exhaustion and Mandatory Arbitration to Defeat Claims; Proactive Methods to Prevent Claims

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


Conducted on Tuesday, July 25, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to counsel for plan fiduciaries and companies on avoiding and defending ERISA class claims that allege breach of fiduciary duty related to the selection and administration of investment plans. The panel will discuss the latest trends, analyze key substantive and procedural issues addressed in recent court rulings, and outline effective strategies for defending and avoiding class claims.

Description

Class suits against pension plan fiduciaries and companies alleging breach of fiduciary duty under ERISA are on the upswing since the U.S. Supreme Court’s 2015 Tibble v. Edison Int’l ruling. Allegations range from failure to consider lower cost products, to excessive fees, to using inappropriate benchmarks to give the appearance that investment options were competitively selected. Plaintiffs in these cases seek millions of dollars in damages.

ERISA class claim litigators must keep abreast of emerging and evolving theories of liability and case law developments addressing substantive and procedural issues to effectively defend fiduciaries and companies. Counsel should also advise fiduciaries and companies on best practices to minimize claims.

Listen as our panel of employee benefits attorneys explains current trends in ERISA breach of fiduciary duty class litigation, discusses effective strategies for defeating class certification, and addresses steps plan fiduciaries and companies should take to avoid and reduce the likelihood of ERISA breach of fiduciary duty litigation.

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Outline

  1. ERISA breach of fiduciary duty class claims—current trends
  2. Strategies for defeating certification
    1. Standing
    2. Statute of limitations
    3. Exhaustion of administrative remedies
    4. Mandatory arbitration
    5. Other effective strategies
  3. Best practices to avoid and reduce ERISA breach of fiduciary duty class litigation

Benefits

The panel will review these and other key issues:

  • What are the latest trends regarding ERISA breach of fiduciary duty class action lawsuits?
  • How are courts addressing ERISA class action lawsuits alleging breach of fiduciary duties?
  • What strategies have proven effective for counsel for defending ERISA class claims at certification and trial?
  • How can plan fiduciaries and companies proactively minimize the risk of being a target of an ERISA breach of fiduciary duty action?

Faculty

James O. Fleckner
James O. Fleckner

Partner
Goodwin Procter

Mr. Fleckner is a nationally recognized leader in the field of ERISA litigation and heads the firm’s ERISA...  |  Read More

Brian D. Netter
Brian D. Netter

Partner
Mayer Brown

Mr. Netter is a member of the firm’s Litigation & Dispute Resolution Practice and is Co-Leader of the Supreme...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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