New ERISA Supreme Court Rulings in Conkright and Hardt
Leveraging Court Guidance on Deferential Review Standards and Attorney Fee Awards
Recording of a 90-minute premium CLE webinar with Q&A
This CLE webinar will provide ERISA counsel with an analysis of the Court's rulings in Conkright, which provides additional guidance since Met-Life, and Hardt, which upholds attorney fees to a claimant awarded benefits on remand. The panel will review the impact of these cases on ERISA litigation.
Outline
- Standard for deferential review
- Analysis of Conkright
- Impact on ERISA benefits litigation
- Analysis of Hardt
- Analysis of Hardt
- Impact on ERISA benefits litigation
- Nexus between Conkright and Hardt
Benefits
The panel will review these and other key questions:
- Has the Conkright decision limited arguments by claimants for de novo review of administrator determinations?
- Will the ERISA principles in Conkright have implications for other ERISA litigation, such as claims of preemption or fiduciary litigation over plan fees and “stock drop” claims?
- What is the anticipated effect of the Hardt decision on litigation strategy for Plaintiffs and Defendants in the post-administrative and litigation phases?
- Will Hardt encourage more lawyers to consider litigating benefits claims?
Faculty

James O. Fleckner
Partner
Goodwin Procter
Mr. Fleckner is a nationally recognized leader in the field of ERISA litigation and heads the firm’s ERISA... | Read More
Mr. Fleckner is a nationally recognized leader in the field of ERISA litigation and heads the firm’s ERISA Litigation Practice. He focuses on complex commercial litigation, representing financial service providers and corporate clients in ERISA, securities and derivative class actions and in private civil litigation. He is renowned as a lecturer and author on ERISA and related litigation topics, and has presented at over 40 conferences across the U.S.
CloseJ. Timothy McDonald
Partner
Rogers & Hardin
His practice primarily focuses on litigation and counseling regarding employment law and employee benefit issues. He... | Read More
His practice primarily focuses on litigation and counseling regarding employment law and employee benefit issues. He advises employers on employment practices and benefit issues and represents fiduciaries, benefit plans and employers in employee benefits litigation. Those representations include individual and class action cases in federal courts throughout the country as well as state courts.
CloseJohn R. Ates
Partner
Ates Law Firm
He was counsel for Petitioner Bridget Hardt in Hardt v. Reliance Standard Insurance Company and argued the case before... | Read More
He was counsel for Petitioner Bridget Hardt in Hardt v. Reliance Standard Insurance Company and argued the case before the U.S. Supreme Court.
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