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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; Methods to Prevent Claims

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

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Wednesday, July 22, 2020

Recorded event now available

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This CLE course 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. 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 practical 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

Fleckner, James
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

Netter, Brian
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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