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Past Event
20 October 2010 - 21 October 2010

ACI's Forum on Defending and Managing ERISA Litigation

The Helmsley Park Lane Hotel
New York, NY

The last year has been unprecedented in the world of ERISA litigation. The first 401(k) fee case went to trial and the Supreme Court handed down a decision in Hardt v. Reliance that expanded plaintiffs' ability to recover attorneys' fees when plan administrators fail to follow proper procedure in reviewing a claim for benefits. Corporate scandals, major bankruptcies, and a volatile stock market have resulted in billions of dollars in retirement plan losses - all contributing to mounting discontent by employees and a corresponding increase in scrutiny by the plaintiffs' bar. Throw in ever expanding theories of fiduciary liability, a recessionary economy in recovery, the growing retirement age demographic and the still unknown implications of the Patient Protection and Affordable Care Act, and it becomes evident that in defending and managing these complex claims, counsel and insurers face distinct issues. Topics covered included:

  • Preventing improper parties from being named as defendants and identifying available remedies under § 502(a)(3)
  • Using the claims review process to set up, control and strengthen the defense
  • Effective strategies to strengthen the administrative record and memorialize the decision-making process
  • Addressing evidence outside the administrative record, standards of review, conflicts of interest & discovery once a suit is filed
  • The newest theories of liability in 401(k) fee cases and what to do when your plan discovers it has paid unknown fees
  • Defending against stock drop suits and other defined contribution plan claims
  • Tibble v. Edison: the trial, theories of the defense, selection of experts, and other practical insights
  • ERISA fiduciary litigation: The newest plaintiffs' liability theories, substantive defenses and trends in defense pleadings and motions
  • How to structure your fiduciary's role to minimize risk
  • Underwriting of fiduciary liability insurance and strategic ideas for litigating and settling cases when a fiduciary (and their insurance plan) is involved
  • Judicial communication: Explaining plan documents and ERISA nuances to the court
  • New areas of liability as a result of healthcare reform
  • ERISA preemption - the procedural and substantive aspects of the defense

Robert P. Davis

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