ERISA Stock Drop Suit Defense Tactics
Navigating Unsettled Court Treatment of the Moench Presumption, 404(c) Safe Harbor Defense, and Alternative Investment Theory
Eleventh Circuit Adopts Moench Presumption
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course examine the current state of ERISA plan stock drop litigation, including courts' various approaches to the Moench presumption of prudence, the 404(c) safe harbor defense, and judicial reactions to plaintiff efforts to prove loss through comparisons to alternative investments.
- Defense of stock drop actions
- The Moench presumption
- Scope of the presumption
- Rebutting the presumption
- Application of the Moench presumption at pleadings
- Expected developments
- The Moench presumption
- 404(c) Safe harbor defense
- Scope of the defense
- DOL interpretation
- Design and operational requirements
- Plaintiff claims: alternative-investment theory
The panel will review these and other key questions:
- How extensive is the protection provided by the Moench presumption to ERISA plan fiduciaries?
- What are the differing treatments by federal circuit courts on applying the Moench presumption at the pleadings stage?
- What are the design and operational requirements for a plan to qualify for protection under ERISA Section 404(c)?
- What is the status of alternative-investment theory as a foundation for ERISA claims?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
Morgan Lewis & Bockius
His practice focuses primarily on defending ERISA and systemic discrimination class actions. This practice includes... | Read More
His practice focuses primarily on defending ERISA and systemic discrimination class actions. This practice includes representing ERISA plan sponsors and fiduciaries in litigating class and single plaintiff cases. He has litigated, including through trial, ERISA class action breach of fiduciary duty, benefits, and other statutory claims.Close
Russell L. Hirschhorn
His practice focuses on complex ERISA litigation and he advises employers, fiduciaries and trustees on ERISA benefit... | Read More
His practice focuses on complex ERISA litigation and he advises employers, fiduciaries and trustees on ERISA benefit and fiduciary issues. He represents employers, plan sponsors, plans, trustees, directed trustees and fiduciaries in all phases of litigation, arbitration and mediation involving employee benefits.Close