Hot Topics in ERISA Litigation - Lessons for Plan Administration

Tuesday, June 3, 2008
12:30 p.m. to 1:30 p.m. (EDT)
11:30 a.m. to 12:30 p.m. (CDT)
9:30 a.m. to 10:30 a.m. (PDT)

This webinar will provide up-to-the-minute discussion on key issues such as:
  • Plan Fees and Costs: We will look ahead to possible outcomes of the more than 30 pending cases on ERISA plan fees and costs and how they may affect plan administrators and service providers, and examine legislation under active consideration in the Congress, new reporting rules for the 2009 plan year, an expected final rule from the US Department of Labor on the provision of services and anticipated changes to participant disclosures.

  • "Stock Drop" Cases: Over the past year, over a dozen new ERISA stock-drop cases have been filed, many arising from stock-price declines resulting from the subprime mortgage fallout. At the same time, recent decisions from several Courts of Appeals have made it easier for companies to obtain dismissal of such cases prior to trial. We will outline the emerging trends in ERISA "stock drop" cases, discuss how those trends may affect the recently filed cases, and discuss steps that employers can take to reduce their risk from such actions in the future.

  • Supreme Court Cases: We will discuss several Supreme Court cases involving questions of fundamental importance to plan administrators. These include: LaRue v. DeWolff, No. 06-856, in which the Court recently held that an individual participant in a 401(k) plan may sue to recover money damages based on a plan administrator's breach of fiduciary duty even if that breach affected only the individual's own account; Metlife v. Glenn, No. 06-923, the still-pending case in which the Court will decide whether there is a conflict of interest when an ERISA plan administrator both evaluates and pays claims - and, if so, how that should affect judicial review of benefit determinations; and Amschwand v. Spherion Corp. No. 07-841, a case the Court may hear next year to address whether claims of money damages against plan fiduciaries fall within the meaning of "appropriate equitable relief" under Section 502(a)(3).
Robert Davis Reginald Goeke
David Gossett

CLE Credit is pending.


For additional information please contact Annie Westover at 202-263-3039.