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ERISA Fiduciary Duty Litigation: Recent Developments and Court Rulings, Strategies for Counsel

401(k), Excessive Fees, Avoiding and Defending Claims Against Companies and Fiduciaries, Assessing Fiduciary Risks

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

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Conducted on Tuesday, April 9, 2024

Recorded event now available

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This CLE webinar will provide ERISA counsel and plan fiduciaries an in-depth analysis of recent court cases and their impact on ERISA litigation. The panel will discuss the issues presented since the Supreme Court's decision in Hughes v. Northwestern Univ. The panel will also discuss critical challenges for fiduciaries and plan service providers and offer next steps for employers as well as best practices in preventing and litigating claims.

Description

The U.S. Supreme Court's decision in Hughes v. Northwestern Univ. significantly impacted retirement plans and addressed excessive fees, monitoring investments, and fiduciary liability. Employee benefits attorneys and litigators must identify challenges and opportunities to avoid or minimize claims against fiduciaries and plan service providers.

In Hughes v. Northwestern Univ., the Supreme Court ruled that offering a variety of investment choices within the plan does not serve as a defense against claims that other investment options were imprudent or that the plan paid excessive fees. The Court vacated the Seventh Circuit's decision but did not speak to the plausibility of the claims at issue.

Since SCOTUS' ruling, new court cases have potentially opened the door to more litigation attempts regarding fiduciary decisions related to retirement plan administration and fees covered by ERISA. ERISA counsel and plan fiduciaries must keep abreast of emerging and evolving theories of liability, as well as case law developments addressing substantive and procedural issues to effectively defend fiduciaries and companies.

Listen as our panel discusses critical challenges for fiduciaries and plan service providers and offers next steps for employers as well as best practices in preventing and litigating claims.

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Outline

  1. Key ERISA rules impacting class actions
  2. Hughes v. Northwestern Univ.
  3. Other cases, legal theories, and tactics
  4. Best practices for counsel and fiduciaries

Benefits

The panel will discuss these and other key issues:

  • What are the critical ERISA rules impacting fiduciary claims and class action claims?
  • How did the U.S. Supreme Court ruling in Hughes v. Northwestern Univ. impact claims and litigation tactics?
  • What other cases appear to have had a significant impact on fiduciary liability and class actions since the SCOTUS ruling?

Faculty

Bokert, Mark
Mark E. Bokert
Partner/Co-Chair
Davis + Gilbert

Mr. Bokert is co-chair of the firm's Benefits + Compensation Practice Group. His practice encompasses nearly all...  |  Read More

Hennecken, Christina
Christina L. Hennecken
Partner
Goodwin Procter

Ms. Hennecken is a partner in the firm’s Complex Litigation & Dispute Resolution, ERISA Litigation and...  |  Read More

Holly, Andrew
Andrew Holly
Partner
Dorsey & Whitney

Mr. Holly serves as co-chair of Dorsey’s ERISA Litigation Practice Group. He has 20 years' experience...  |  Read More

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