ERISA Litigation and Regulation: The Current Landscape and What the Future Holds
The escalating pace of Employee Retirement Income Security Act (ERISA) cases filed against retirement plan providers and sponsors is expected to continue through 2019 and likely beyond. Current litigation trends are skewed towards the use of company stock, issues on fees, and allegations of disloyalty. New litigation areas continue to emerge as the plaintiffs' bar discover possibilities of acquiring sizeable settlement fees from retirement plans. With these developments and the new legislation and regulations on the horizon, compliance risks facing plan sponsors intensify.
In this LIVE Webcast, ERISA experts David R. Johanson (Hawkins Parnell & Young) and Stephen P. Wilkes (The Wagner Law Group) will help plan sponsors and their counsel to understand the important aspects of this significant topic. They will provide an in-depth discussion of the recent regulatory and litigation issues surrounding ERISA. Speakers will also offer best practices in developing and implementing effective compliance and litigation strategies to avoid potential risks and pitfalls.
Key topics include:
- Recent Litigation Trends
- Notable ERISA Cases
- Regulatory Updates
- Effective Compliance and Litigation Strategies
Hawkins Parnell & Young LLP
- Fiduciary Status – Teets v. Great-West Life & Annuity Ins. Co. (10th Cir. March 27, 2019), cert. denied Nov. 25, 2019
- Developments in Procedural Prudence Cases
- Scalia v. WPN Corp. (W.D. Pa. Sept. 30, 2019) (prudent procedures trump results)
- Pizzella v. Vinoskey, W.D. Va. Aug. 2, 2019)
- Develops in the limitations of ERISA pre-emption—Continuing Circuit Conflicts :
- Rudel v. Hawai’i Management Alliance Ass’n, (9th Cir. Sept. 11, 2019)
- Dialysis Newco, Inc. v. Cmty. Health Sys. Grp. Health Plan (5th Cir. Sept. 11, 2019)
- 401(k) Case Filings to Watch
- Berman v. Estee Lauder
- Cho v. The Prudential Ins. Co. of America
- Martin v. CareerBuilder
- ESOP Case Filings to Watch
- Lee v. Argent
- Ferrell Companies v. GreatBanc
- Szalanski v. Arnold
- Coleman v. Brozen
- McMaken v. GreatBanc
- EBSA Enforcement Trends
- 2019 EBSA Enforcement Program Results (DOL Fact Sheet)
- Recent Executive Orders and Potential limits on EBSA Enforcement
The Wagner Law Group
- ERISA Cases Before the Supreme Court
- Intel Corp. Investment Policy Committee v. Sulyma
- Jander v. IBM Corp.
- Thole v. U.S. Bank
- Importance of Administrative Procedures and Substantive Decisions in ERISA Claims
- Rizzo v. First Reliance Standard Life Ins. Co
- Mathews v. The Northwestern Mutual Life Ins. Co.
- Individual Arbitration Provisions in Plan Documents
- Dorman v. Charles Schwab Corp., Ninth Circuit (August 20, 2019)
- Butch Lewis Act of 2017
- DOL Proposed Regulations on Electronic Disclosures by ERISA Plans
- 408b-2 Disclosure Quick Refresher
Who Should Attend:
- ERISA Lawyers
- Human Resource Executives
- Retirement Benefits Lawyers
- Members of Boards of Directors
- Chief Financial Officers
- Plan Sponsors and Administrators
David R. Johanson has helped hundreds of corporations form ESOPs and create effective employee ownership through other equity incentives during the past 35 years. Mr. Johanson assists clients in designing ESOP and equity incentive plans and accomplishing ESOP-related transactions, including mergers and acquisitions of all kinds. Mr. Johanson also defends ERISA fiduciary actions in Federal Courts throughout the U.S. and is actively involved in defending regulatory and enforcement actions by the Internal Revenue Service and the U.S. Department of Labor. Recognized nationally for his experience and expertise in the ESOP and executive compensation field, Mr. Johanson is a past chair (1993-1995 and 2005-2007) of the legislative and regulatory advisory committee of The ESOP Association.
David R. Johanson has helped hundreds of corporations form ESOPs and create effective employee ownership through other equity incentives during …
Stephen Wilkes is a partner with The Wagner Law Group, and has over 35 years of experience in the ERISA/Employee Benefits world, His practice is especially focused on the intersection of ERISA fiduciary services / plan investments and the related securities law regimes of the SEC, FINRA, IRS and the OCC. Steve is a Practice Group leader for the ERISA Fiduciary Services Practice, the Investment Management Law Practice, and the Independent Fiduciary Practice at Wagner. In addition to plan sponsors, Steve’s client group includes a national base of investment advisers, broker dealers, trust companies, mutual fund complexes, fund managers, TPAs and record keepers….all of whom are delivering investment services and products into the retirement sector.
Stephen Wilkes is a partner with The Wagner Law Group, and has over 35 years of experience in the ERISA/Employee …
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Method of Presentation:
General knowledge of employee benefits laws
NY Category of CLE Credit:
Areas of Professional Practice
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About Hawkins Parnell & Young LLP
Hawkins Parnell & Young is a national defense litigation firm that has represented many of the largest and most well-known companies in high-risk litigation and business disputes. The 250-strong litigation team works with clients to develop winning defense strategies and, if necessary, try cases to verdict in all 50 states. As national leaders in their fields of expertise, their ESOP, Employee Benefits, M&A, Tax & ERISA group brings extraordinary depth in perspective when advising clients in connection with retirement plans, equity incentives, executive compensation, shareholder issues, fiduciaries, mergers and acquisitions, and employment and benefits litigation throughout the country.
About The Wagner Law Group
The Wagner Law Group is a nationally recognized practice in the areas of ERISA and employee benefits, which includes the distinct areas of Fiduciary Compliance, Retirement Plans, ESOPs, Executive Compensation & Nonqualified Plans, Welfare Benefit Plans, PBGC and Retiree Medical Trusts™. The firm’s practice areas also include Employment, Labor & Human Resources, Investment Management, Trusts & Estates, Litigation and Family Law. With offices across the country, the firm provides unparalleled legal advice to its clients, including large, small and nonprofit corporations as well as individuals and government entities worldwide, and is distinguished by the U.S. News & World Report's Best Law Firms as a Tier-1 ERISA and employee benefits law firm. The Wagner Law Group is also certified as a woman-owned and operated business by the Women’s Business Enterprise National Council.