The 2026 ERISA Defined Contribution Class Action Surge

Join us on June 30, 2026 for this CLE program, co-sponsored by myLawCLE. This program maps the new case theories and judicial splits, walks through Cunningham's burden-shift mechanics, breaks down Genworth's certification framework, and shows how to screen Form 5500 and 408(b)(2) disclosures for exposure — alongside the settlement economics, recovery distributions, and fiduciary insurance coverage that drive resolution posture. Attendees leave able to triage fiduciary risk, draft motions calibrated to the post-Cunningham standard, and counsel committees on the trade-offs that now drive settlement decisions.

Key topics to be discussed include:

• Filing trends
  • Q1 2026 ERISA defined contribution filings nearly doubled year-over-year, targeting mid-market plans.
• Emerging theories
  • New theories include forfeiture reallocation, tobacco surcharges, stable value, and alternative assets.
• Pleading burden
  • Cunningham v. Cornell shifted the prohibited transaction pleading burden under ERISA.
• Forfeiture litigation
  • Forfeiture claims face pending Circuit appeals and DOL amicus involvement on settlement range.
• Class certification
  • The Fourth Circuit's Genworth ruling may impact class certification in ERISA cases.
• Risk analysis
  • Attorneys can identify risk by analyzing Form 5500 and 408(b)(2) plan disclosures.

To learn more about the program and register, visit the event website.