Calculating Damages in ERISA Litigation: Practical Guide
Over the years, the Employee Retirement Income Security Act (ERISA) has had more than its fair share of changes and updates. Although ERISA litigation cases have laid-low for the past few years, cases related to 401(k) has increased recently, exposing ERISA fiduciaries and financial experts to a more complex landscape for damage calculation and assessment.
In this LIVE Webcast, a panel of distinguished professionals and thought leaders will help financial experts, ERISA fiduciaries and ERISA counsels understand the important aspects of this significant topic. They will provide an in-depth discussion of calculating and assessing damages in ERISA litigation as well as practical tips and key pointers that litigators, fiduciary and financial experts must know. Speakers will also offer best practices in developing strategies and fool-proof methods in defending against damages.
Key topics include:
- ERISA Litigation: Overview
- The A-Z of Calculating and Assessing Damages
- Common Red Flags
- Practical Tips and Strategies in Defending Against Damages
- ERISA Litigation in the 2019 Landscape: A Sneak Peek
Clark Law Group
- ERISA REMEDIES – STATUTORY OVERVIEW
- ERISA REMEDIES
- Recovery of Benefits Under the Plan
- Recovery On Behalf of the Plan
- Equitable Remedies-ERISA’s Catch-all Provision
- Post-Amara Cases Addressing Equitable Relief
The Brattle Group
- Categories of ERISA Damages Claims
- Damages Calculations under Imprudent Investment Theories
- Best Performing Fund Damages
- Most Similar Fund Damages
- Portfolio Redistribution Fund Damages
- Damages Calculations under an Inadequate Disclosure Theory
- Overview of ERISA excessive fee theories
- Assessing damages for mutual fund excessive fees
- Comparisons of mutual funds to separate accounts and CTFs
- Challenges with comparisons of active and passive investments
- Evaluating mutual fund share class claims
- Assessing recordkeeping fee damages
Who Should Attend:
- ERISA Counsel
- Retirement Plan Financial Professionals
- Human Resource & Benefits Personnel
- Litigation Officers
- Employee Benefits & Compensation Lawyers and Consultants
- Employee Benefits & Compensation Officers
- Employment Law Attorneys
- Private and Public Companies
- Other Interested/Related Professionals
Denise M. Clark is the founding partner of Clark Law Group, PLLC in Washington, DC, where she practices employee benefits and employment law. In her employee benefit practice, Ms. Clark represents participants and beneficiaries in connection with benefit claims under health and pension plans, as well as disability and life insurance. She assists both public sector and federal sector employees with claims under their government plans. Ms. Clark also works with individuals in regard to executive compensation and severance arrangements.
She is currently the plaintiff co-chair of the Employee Benefits Committee of the Labor and Employment Law Section of the American Bar Association, and a contributing author to Employee Benefits Law (BNA), a legal treatise covering all aspects of the employee benefits practice.
Denise M. Clark is the founding partner of Clark Law Group, PLLC in Washington, DC, where she practices employee benefits …
Mr. David McKnight is a financial economist and Senior Associate with The Brattle Group in New York. He has 18 years of experience in economic consulting and specializes in litigation pertaining to valuation, bankruptcy, and finance. David has helped prepare expert reports and testimony for U.S. federal and state courts, and has provided expert testimony in FINRA and AAA arbitrations. He has worked on a number of litigations arising out of bankruptcies including claims of fraudulent conveyance and adequacy of bankruptcy trusts. David holds a MS in Mathematics and an MBA from New York University. Prior to joining Brattle, he was a Consultant at NERA Economic Consulting.
Mr. David McKnight is a financial economist and Senior Associate with The Brattle Group in New York. He has 18 …
Patrick Krivoshia focuses on financial institutions, securities, investment management, and ERISA-related litigation. He has consulted on matters of valuation and complex data analytics for clients across a range of industries.
Patrick Krivoshia focuses on financial institutions, securities, investment management, and ERISA-related litigation. He has consulted on matters of valuation and …
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Method Of Presentation:
General Knowledge in Employee Benefits
NY Category of CLE Credit:
Areas of Professional Practice
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About Clark Law Group
Clark Law Group, PLLC, is a small firm focused on litigation in the areas of employee benefits and employment law, representing individuals in connection with retirement, health and disability benefit claims, executive compensation, wage and hour and discrimination law. The firm is located in Washington, DC, but has a national practice in these areas.
About The Brattle Group
The Brattle Group works with clients on commercial damages issues arising from a wide variety of actions including antitrust, patent infringement, breach of contract, fraudulent disclosure, toxic tort, and product liability.
We present economic analysis and information clearly, and defend our principled economic and finance arguments while exposing the flaws in opposing opinions. We have provided expert testimony in federal and state courts, in administrative proceedings, and before U.S. and international arbitrators and mediators.
About Cornerstone Research
For more than twenty-five years, Cornerstone Research staff have provided economic and financial analysis in all phases of commercial litigation and regulatory proceedings.
We work with a broad network of testifying experts, including prominent faculty and industry practitioners, in a distinctive collaboration. Our staff consultants contribute expertise in economics, finance, accounting, and marketing, as well as business acumen, familiarity with the litigation process, and a commitment to produce outstanding results. The experts with whom we work bring the specialized expertise of researchers or practitioners required to meet the demands of each assignment.
Cornerstone Research has seven hundred staff and offices in Boston, Chicago, London, Los Angeles, New York, San Francisco, Silicon Valley, and Washington.