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


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.

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, Partner
Goodwin Procter, Boston

Mr. Fleckner is a nationally recognized leader in the field of ERISA litigation and heads the firm’s ERISA Litigation Practice. He focuses on complex commercial litigation, representing financial service providers and corporate clients in ERISA, securities and derivative class actions and in private civil litigation. He is renowned as a lecturer and author on ERISA and related litigation topics, and has presented at over 40 conferences across the U.S.

Brian D. Netter, Partner
Mayer Brown, Washington, D.C.

Mr. Netter is a member of the firm’s Litigation & Dispute Resolution Practice and is Co-Leader of the Supreme Court & Appellate Group. His practice consists of briefing and arguing high profile and legally complex cases in trial and appellate courts. Mr. Netter’s experience covers a broad range of substantive areas and he frequently litigates cases involving administrative law, constitutional law and ERISA. He is a frequent commentator on the Supreme Court’s ERISA docket.


Recordings

CLE On-Demand - Streaming Video

Includes recorded streaming video of full program plus PDF handouts.

On-demand is the only recorded format recognized for CLE credits in DE, IN, KS, LA, MS, NC, OH, OK, SC, TN, VA, WI.

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

CLE On-Demand Video $297.00

How does this work?


Recorded Event

Includes full event recording plus handouts.

Strafford is an approved provider and self-study CLE credit is available in most states.

AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Recorded Audio Download (MP3) $297.00

How does this work?


Webinar

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Program Materials

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Program Materials

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CLE Credits

Many states grant CLE credits for on-demand streaming audio programs and recorded events. Our programs are pre-approved in many states. Refer to our state CLE map for state-specific information.

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Customer Reviews

The PowerPoint presentation made things easy to understand.

Ian Weinberger

The Lambos Firm

The program was very helpful and gave me a good overview.

Lauren Piana

Odin, Feldman & Pittleman

Strafford's on-line session was easy to attend and the topic was timely.

Jessica Lermond

Chartis Claims

Good materials plus well prepared presenters and a good level of detail.

John H. Merkle

Fredrikson & Byron

The speakers possessed great technical knowledge and experience.

Ken Watt

Frederic Dorwart, Lawyers

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Employment & ERISA Advisory Board

Susan E. Bernstein

Special Counsel

Schulte Roth & Zabel

Judith (Jude) Biggs

Partner

Holland & Hart

Joshua Davis

Director

Goulston & Storrs

Barbara E. Hoey

Partner

Kelley Drye

Jeffrey Hollingsworth

Partner

Perkins Coie

Diana L. Hoover

Partner

Hoover Kernell

Paul J. Kennedy

Shareholder

Littler Mendelson

Marcia Nelson Jackson

Partner

Wick Phillips

William C. Martucci

Partner

Shook Hardy & Bacon

Laura Foote Reiff

Shareholder

Greenberg Traurig

Eugene Scalia

Partner

Gibson Dunn & Crutcher

Peter Steinmeyer

Member

Epstein Becker & Green

Teresa R. Tracy

Partner

Freeman Freeman Smiley

Todd D. Wozniak

Shareholder

Greenberg Traurig

or call 1-800-926-7926

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