ERISA Preemption Litigation
Preserving the Defense and Crafting Benefit Plans to Minimize State Lawsuits
Recording of a 90-minute CLE webinar with Q&A
This seminar will analyze recent legal developments and trends in ERISA preemption litigation and strategies for defending ERISA preemption cases. The panel will also outline best practices for crafting ERISA covered benefit plans to preserve preemption and minimize state lawsuits.
Outline
- Trends and developments in ERISA preemption litigation
- “Pay or play” state law mandates
- Retirement benefit plans (ESOPs/401Ks)
- State law FMLA statutory mandates
- Others
- Best practices for litigating preemption claims
- Best practices for drafting ERISA covered plans to preserve preemption
Benefits
The panel will review these and other key questions:
- How have "pay or play" mandates affected employers and plan administrators?
- What are best practices for getting an ERISA benefits case into federal court on preemption grounds?
- How can counsel craft employee benefit plans to preserve the ERISA preemption defense?
Faculty
Michael G. Monnolly
Partner
Alston & Bird
He represents major corporations in ERISA class actions involving retiree medical benefits, prohibited transactions,... | Read More
He represents major corporations in ERISA class actions involving retiree medical benefits, prohibited transactions, employer stock, pension calculation and breach of fiduciary duty. He has experience defending against individual ERISA claims involving disability, discrimination under ERISA § 510, non-disclosure under ERISA § 104(b)(4), and general pension and welfare benefit claims.
CloseTodd D. Wozniak
Partner
Greenberg Traurig
He is a trial lawyer who defends companies and public institutions nationwide in labor and employment, ERISA, and... | Read More
He is a trial lawyer who defends companies and public institutions nationwide in labor and employment, ERISA, and business disputes. He is experienced in ERISA and employee benefits litigation, wage/hour litigation, state and federal whistle-blower statutes, non-discrimination laws, plant closing and mass layoff laws, collective bargaining and traditional labor relations.
CloseJames P. McElligott
Partner
McGuireWoods
Mr. McElligott handles employment, executive compensation and benefit related matters for corporations and public... | Read More
Mr. McElligott handles employment, executive compensation and benefit related matters for corporations and public agencies. He regularly advises employers on ERISA and denial of benefit issues.
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