ERISA Class Actions After Epic Systems: Challenges and Potential Opportunities for Plan Sponsors
Impact on Benefit Claims, Fiduciary Breaches, and Class Certification; Arbitration Clauses for Retirement Plans
Recording of a 90-minute premium CLE webinar with Q&A
This course will guide ERISA counsel and advisers on the legal challenges and potential opportunities for retirement plan sponsors after the Supreme Court’s decision in Epic Systems. The panel will discuss critical issues decided in Epic Systems, the potential impact on benefit and fiduciary claims, class certification, and other challenges relating to waiver and arbitration clauses in retirement plans.
- Overview of SCOTUS Epic Systems ruling and impact on ERISA claims
- Class certification and other challenges relating to waiver and arbitration clauses
- Recent cases on arbitration clauses and class action waivers post-Epic Systems
- Strategies for plan sponors in drafting enforceable arbitration agreements and class waivers
The panel will review these and other noteworthy issues:
- What exactly does the ruling allow regarding arbitration clauses and class waivers?
- How does the Epic Systems ruling impact ERISA claims?
- How can plan sponsors ensure their arbitration provisions are enforceable?
- How does the court ruling apply to fiduciary breach claims under ERISA?
- Do fiduciary breach claims need to be class actions?
- Impact on ESOPs and considerations for counsel
- Recent cases and legislation post-Epic Systems
- Best practices in modifying or drafting plan documents in light of Epic Systems
Eliot T. (Eli) Burriss
McDermott Will & Emery
Mr. Burriss litigates complex commercial disputes throughout the United States, serving as counsel to global... | Read More
Mr. Burriss litigates complex commercial disputes throughout the United States, serving as counsel to global clients in all aspects of litigation. In recent years, he has had a particular emphasis on representing health care and life sciences companies, as well as a variety of organizations in antitrust, ERISA and other significant matters. He has tried state and federal antitrust claims and government investigations, as well as claims of unfair competition, ERISA, breach of fiduciary duty, deceptive trade practices, trademark violation, breach of contract, vicarious liability, products liability and tortious interference with contractual relationships.Close
J. Christian (Chris) Nemeth
McDermott Will & Emery
Mr. Nemeth provides legal counsel on complex commercial litigation and government investigations, including ERISA... | Read More
Mr. Nemeth provides legal counsel on complex commercial litigation and government investigations, including ERISA matters, financial and banking cases, business torts and breach of contract actions. He is the Co-Chair of the Firm’s ERISA Litigation group and works closely with the Firm’s Employee Benefits department on all types of Litigation matters, Department of Labor investigations and similar issues.Close
Mark E. Schmidtke
Ogletree Deakins Nash Smoak & Stewart
Mr. Schmidtke has represented clients in ERISA and non-ERISA employee benefits matters in state and federal courts... | Read More
Mr. Schmidtke has represented clients in ERISA and non-ERISA employee benefits matters in state and federal courts throughout the United States for over 30 years. He has been lead or co-lead counsel in ERISA litigation matters pending in the courts of 49 states. Mr. Schmidtke has argued appeals in the United States Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits, as well as the Massachusetts Supreme Judicial Court, the Minnesota Supreme Court, the Minnesota Court of Appeals, the Indiana Court of Appeals, and the California Court of Appeals.Close