ERISA Remedies: Key Enforcement Provisions and Scope of Equitable Relief for Benefit Claims

Statutory and Plan Provision Violations, Section 502(a)(1)(B), Relief Under 502(a)(3), Limiting Equitable Remedies

A live 90-minute CLE webinar with interactive Q&A


Tuesday, November 27, 2018

1:00pm-2:30pm EST, 10:00am-11:30am PST

Early Registration Discount Deadline, Friday, November 9, 2018

or call 1-800-926-7926

This CLE webinar will provide employee benefits counsel with a detailed analysis of the types of remedies available under ERISA and challenges in seeking monetary relief for benefit claims. The panel will discuss equitable relief under Section 502(a)(3), other key enforcement provisions under ERISA, the scope of monetary relief, procedural strategies in litigation, and plan terms limiting the availability of equitable remedies.

Description

ERISA litigation remains steady with benefit claims by plan participants, beneficiaries and providers. Pursuing or defending benefit claims involve several procedural and substantive tactics along with understanding ERISA provisions governing benefit and equitable claims.

Authorizing a plan participant or beneficiary to file federal claims for the denial of benefits or breach of fiduciary duty in order to pursue equitable remedies under ERISA § 502(a)(1)-(3) spawned a body of law that continues evolving since the court’s decision in Amara, which focused on the scope of appropriate equitable relief under ERISA. This requires counsel to understand the remedies and challenges under ERISA’s enforcement provisions to carefully develop a plan of action to pursue benefit claims on behalf of a plan participant and beneficiary or recognize the available tactics to defend against such claims.

Counsel must be vigilant in identifying opportunities and potential drawbacks that impact litigation such as standing, preemption, exhaustion of administrative remedies, the statute of limitations, and claims-based limitations defenses. Also, effective plan design and careful structuring of provisions and processes by administrators can increase the precision of claims administration and maximize the likelihood of success in litigation and limiting equitable remedies.

Listen as our panel provides counsel with best practices for navigating issues in the litigation of benefit claims, available remedies under ERISA, defenses for plan administrators, and recent case law developments in benefits suits relating to remedies under ERISA.

READ MORE

Outline

  1. Benefit versus equitable claims under ERISA
  2. Key defenses on which ERISA based liability may turn
  3. Scope of equitable relief and recent case developments
  4. Key plan provisions focused on limiting the availability of equitable relief
  5. Best practices and procedural strategies for counsel in managing benefit and equitable claims

Benefits

The panel will review these and other key issues:

  • What are the proven defenses for benefit claims under ERISA?
  • What administrative processes are required under ERISA before litigation may proceed?
  • How are courts addressing procedural and substantive issues?
  • How can plans preserve and maximize their procedural and substantive defenses through plan design?
  • What are best practices and procedural strategies for managing benefit and equitable claims?

Faculty

Begos, Patrick
Patrick W. Begos

Partner
Robinson & Cole

Mr. Begos is a founding member of the firm and heads the ERISA and Contract Disputes groups. He brings more than...  |  Read More

Kang, Clarissa
Clarissa A. Kang

Director
Trucker Huss

Ms. Kang has handled a broad spectrum of litigation, including cases involving benefit claims, fiduciary issues, plan...  |  Read More

Live Webinar

Buy Live Webinar
Includes Early Discount Savings of $50 (through 11/09/18)

Live Webinar

$247

Buy Live Webinar & Recording
Includes special savings of $250 (through 11/09/18)

Live Webinar & Download

$344

Live Webinar & DVD

$344 + $9.45 S&H

Other Formats
— Anytime, Anywhere

Includes Early Discount Savings of $50 (through 11/09/18)

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

48 hours after event

$247

Download

48 hours after event

$247

DVD

10 business days after event

$247 + $9.45 S&H