ONLINE WEBINAR: 

March 17, 2020

10 am - 11:45 PST

ERISA Litigation Recent Hot Issues

This presentation covers developments in the courts in ERISA litigation matters, including the latest on 401(k) plan fee litigation, employer stock litigation, arbitration provisions in plan documents, and legal defenses (such as lack of standing and statutes of limitation) to fiduciary breach litigation.  The discussion will include cases currently pending before the Supreme Court and notable cases on breach of fiduciary duty claims. The panel will share practice tips for proper plan governance and fulfillment of fiduciary duties.

Important features include:

• 1.     Employer stock litigation after Jander v. Ret. Plans Comm. of IBM (2d Cir. 2018) and the Supreme Court’s views on whether there is any intersection between securities laws and ERISA fiduciary requirements
• 2.     Defined benefit plan funding and whether a fully funded plan can minimize risk of exposure to allegations of fiduciary breach related to plan investments, and potential outcomes for Thole v. U.S. Bank, N.A. (8th Cir. 2017)
• 3.     What does “actual knowledge” mean for ERISA’s breach of fiduciary duty statute of limitation where participants allege that they have not read or understood plan investment documentation that plan fiduciaries make available to participants, and potential outcomes for Intel Corp. Inv. Policy Comm. v. Sulyma (9th Cir. 2018)
• 4.     Pros and cons of including plan provisions requiring individual arbitration of ERISA claims after Dorman v. Charles Schwab Corp. (9th Cir. 2019)