ERISA Wrongful Denial of Benefits Claims: Key Defenses, Procedural Prerequisites
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will guide employee benefits counsel for defending against wrongful denial of benefits claims involving ERISA plans. The panel will explain the administrative process required under ERISA before litigation may proceed. The panel will also discuss how courts are addressing critical procedural and substantive issues, including standing, contractual time limits, exhaustion of administrative remedies, discovery, standards of review, deference to the administrator's decision, attorneys' fees and preemption.
- Exhaustion of administrative remedies
- Standard of review
- State law preemption and removal
- Statute of limitations and other procedural issues
- Scope of conflict discovery and other discovery practices
- Attorneys' fee awards and remedies
The panel will review these and other key issues:
- How can plans preserve and maximize their procedural and substantive defenses through plan design?
- What has been the impact of recent case law on the review of claim administrators' determinations?
- What are best practices for preparing during the administrative process for responding to conflict discovery and protecting the administrative record?
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
Nancy B. Pridgen
Ms. Pridgen focuses her practice on employment litigation in the federal courts, and has handled, in some... | Read More
Ms. Pridgen focuses her practice on employment litigation in the federal courts, and has handled, in some capacity, nearly every type of employment law matter that exists. She sub-specializes in ERISA litigation, and has litigated scores of ERISA benefits claims and fiduciary cases throughout the country.Close
Steven J. Silver, Esq.
Ogletree Deakins Nash Smoak & Stewart
Mr. Silver focuses his practice on ERISA litigation, sports and gaming law, and representing employers in federal and... | Read More
Mr. Silver focuses his practice on ERISA litigation, sports and gaming law, and representing employers in federal and state court litigation involving discrimination, harassment, retaliation, and wrongful termination claims. He also represents employers in administrative hearings and counsels employers on a broad spectrum of day-to-day employment matters, including employee discipline, terminations, leaves of absence, and wage and hour issues. In addition, Mr. Silver assists employers in drafting policies, employee handbooks, and employment-related agreements to ensure compliance with local, state, and federal law.Close