HomeWebcastERISA Litigation Damages and Remedies: Principles, Methods and Best Practices
Online CLE ERISA Litigation CLE

ERISA Litigation Damages and Remedies: Principles, Methods and Best Practices

Live Webcast Date: Thursday, May 23, 2019 from 3:00 pm to 4:00 pm (ET)
CLE LitigationERISA CLE & CPERecording

Online CLE ERISA Litigation

Join us for this Knowledge Group Online CLE ERISA Litigation Webinar. Over the years, the Employee Retirement Income Security Act (ERISA) has undergone drastic changes. In the face of constant developments, counsel to employers must be equipped with an in-depth understanding of the case law principles, methods, and best practices to ensure that the best results from an ERISA litigation are obtained. An up-to-date knowledge of the available damage remedies can be the difference between winning or losing an ERISA litigation.

Listen as a panel of key thought leaders assembled by The Knowledge Group as they bring the audience to a road beyond the basics of ERISA litigation damages and remedies and as they delve into the depth-analysis of the current trends and recent court rulings. Speakers will also provide the audience with practical strategies in bringing out the best in these lawsuits in a rapidly evolving legal climate.

In a Webcast, the speakers will discuss:

  • ERISA Litigation Damages and Remedies: Exploring the Nooks and Crannies
  • Recent Trends, Developments, and Updates
  • Notable Cases and Case Decisions
  • Risks, Issues, and Best Practices
  • The Future of ERISA Litigation

Agenda

SEGMENT 1:
David JohansonPartner
Hawkins Parnell & Young LLP

  • Fiduciary and Non-Fiduciary Liability –What Differences Does Fiduciary Status Make Under ERISA?
    • Examples In ESOP Valuation Cases
  • Impact of Montanile Beyond Health Plan Claims
  • Spousal Liability and Constructive Trusts  For Non-Fiduciaries
  • What does the Ability of a Participant to Bring An Action on Behalf of a Plan  under LaRue mean for ERISA Damages?
  • Do the Supreme Court Rulings in Epic Systems and Lamps Plus Alter ERISA Damage Risks for Plans that Adopt Mandatory Arbitration

SEGMENT 2:
Ahmer NabiVice President
Analysis Group

  • Common ERISA claims pertaining to DC plans
    • Alleged selection of imprudent investment options
    • Alleged failure to monitor and replace imprudent investment options
    • Alleged failure to offer a particular type of investment product
    • Alleged failure to monitor fees
  • Principles of economic damages
    • General definition
    • ERISA 409(a) context
  • Measuring economic damages
    • Performance-related damages
    • Fee-related damages
  • Considerations in quantifying loss
    • Guidance from Donovan v. Bierworth
    • Selection of but-for investments
    • Time period
    • Lost investment opportunity
    • Revenue sharing

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
  • Employers
  • Employment Law Attorneys
  • Private and Public Companies
  • Other Interested/Related Professionals

Preview Podcast

Please click the podcast below to hear the speakers discuss the key topics for this webcast.

Online CLE ERISA Litigation

SEGMENT 1:
David JohansonPartner
Hawkins Parnell & Young LLP

  • Fiduciary and Non-Fiduciary Liability –What Differences Does Fiduciary Status Make Under ERISA?
    • Examples In ESOP Valuation Cases
  • Impact of Montanile Beyond Health Plan Claims
  • Spousal Liability and Constructive Trusts  For Non-Fiduciaries
  • What does the Ability of a Participant to Bring An Action on Behalf of a Plan  under LaRue mean for ERISA Damages?
  • Do the Supreme Court Rulings in Epic Systems and Lamps Plus Alter ERISA Damage Risks for Plans that Adopt Mandatory Arbitration

SEGMENT 2:
Ahmer NabiVice President
Analysis Group

  • Common ERISA claims pertaining to DC plans
    • Alleged selection of imprudent investment options
    • Alleged failure to monitor and replace imprudent investment options
    • Alleged failure to offer a particular type of investment product
    • Alleged failure to monitor fees
  • Principles of economic damages
    • General definition
    • ERISA 409(a) context
  • Measuring economic damages
    • Performance-related damages
    • Fee-related damages
  • Considerations in quantifying loss
    • Guidance from Donovan v. Bierworth
    • Selection of but-for investments
    • Time period
    • Lost investment opportunity
    • Revenue sharing

Online CLE ERISA Litigation

Online CLE ERISA Litigation

Ahmer NabiVice PresidentAnalysis Group

Ahmer Nabi specializes in quantitative analyses and financial modeling in support of complex ERISA, finance and securities, commercial litigation, and damages matters. Prominent ERISA matters he has consulted on include Kanawi v. Bechtel, In re: Marsh ERISA Litigation, Nolte v. Cigna, and an ERISA stock drop case involving a Fortune 100 company. He has also performed complex analyses pertaining to liability and damages issues in cases involving ERISA excessive fees, investment suitability, and compliance with fiduciary duties. Mr. Nabi has analyzed mutual fund advisors’ investment performance and fees analyses; securities fraud, including class certification and the evaluation of alleged misrepresentations and omissions contained in offering materials and other company disclosures; and investment portfolio due diligence, valuation, and risk analyses.

Online CLE ERISA Litigation

David JohansonSenior PartnerHawkins Parnell & Young LLP

David R. Johanson is Partner-in-Charge of the Napa office of Hawkins Parnell & Young, LLP. He also has offices in San Francisco, Los Angeles, and New York to cover his national practice.

Mr. Johanson assists clients in general corporate matters and in employee ownership, benefit, ERISA, and related business matters, with an emphasis on executive compensation, equity incentive plans, non-qualified deferred compensation, employee stock ownership plans (ESOPs), ESOP transactions, mergers and acquisitions (and related tax planning), and business succession and estate planning. Mr. Johanson has served as outside general counsel to numerous corporate clients over the past 32 years. Mr. Johanson also frequently appears on behalf of clients in business and employment-oriented defense litigation in state and federal courts throughout the country, before regulatory agencies (e.g., U.S. Department of Labor, California Labor Commissioner, and the U.S. Equal Employment Opportunity Commission), in tax controversies before the Internal Revenue Service and comparable state regulatory agencies, against felony criminal indictments in U.S. Federal Court, and in dispute resolutions of various kinds. Mr. Johanson represents corporations in shareholder and non-competition disputes. Mr. Johanson is a member of the Southern California Mediation Association and a frequent Lecturer for the University of Southern California Mediation Clinic. Mr. Johanson has actively served as a Temporary Judge on a pro bono basis for the Los Angeles County Superior Courts since October of 2009.

Online CLE ERISA Litigation

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   General knowledge of employee benefits laws

Course Code:
   148033

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credit:
    1.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Analysis Group is one of the largest international economics consulting firms, with more than 950 professionals across 14 offices in North America, Europe, and Asia. Since 1981, we have provided expertise in economics, finance, health care analytics, and strategy to top law firms, Fortune Global 500 companies, and government agencies worldwide. Our internal experts, together with our network of affiliated experts from academia, industry, and government, offer our clients exceptional breadth and depth of expertise.

Website: http://www.analysisgroup.com/

Over the last half century, Hawkins Parnell & Young LLP has grown to include more than 160 lawyers in 10 offices located in Atlanta, Austin, Charleston, Chicago, Dallas, Los Angeles, Napa, New York, St. Louis, and San Francisco. The team represents many of America’s largest corporations, small local businesses, and individuals in complex litigation and transactions. 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.

Website: http://www.hpylaw.com/

Ahmer Nabi specializes in quantitative analyses and financial modeling in support of complex ERISA, finance and securities, commercial litigation, and damages matters. Prominent ERISA matters he has consulted on include Kanawi v. Bechtel, In re: Marsh ERISA Litigation, Nolte v. Cigna, and an ERISA stock drop case involving a Fortune 100 company. He has also performed complex analyses pertaining to liability and damages issues in cases involving ERISA excessive fees, investment suitability, and compliance with fiduciary duties. Mr. Nabi has analyzed mutual fund advisors’ investment performance and fees analyses; securities fraud, including class certification and the evaluation of alleged misrepresentations and omissions contained in offering materials and other company disclosures; and investment portfolio due diligence, valuation, and risk analyses.

David R. Johanson is Partner-in-Charge of the Napa office of Hawkins Parnell & Young, LLP. He also has offices in San Francisco, Los Angeles, and New York to cover his national practice.

Mr. Johanson assists clients in general corporate matters and in employee ownership, benefit, ERISA, and related business matters, with an emphasis on executive compensation, equity incentive plans, non-qualified deferred compensation, employee stock ownership plans (ESOPs), ESOP transactions, mergers and acquisitions (and related tax planning), and business succession and estate planning. Mr. Johanson has served as outside general counsel to numerous corporate clients over the past 32 years. Mr. Johanson also frequently appears on behalf of clients in business and employment-oriented defense litigation in state and federal courts throughout the country, before regulatory agencies (e.g., U.S. Department of Labor, California Labor Commissioner, and the U.S. Equal Employment Opportunity Commission), in tax controversies before the Internal Revenue Service and comparable state regulatory agencies, against felony criminal indictments in U.S. Federal Court, and in dispute resolutions of various kinds. Mr. Johanson represents corporations in shareholder and non-competition disputes. Mr. Johanson is a member of the Southern California Mediation Association and a frequent Lecturer for the University of Southern California Mediation Clinic. Mr. Johanson has actively served as a Temporary Judge on a pro bono basis for the Los Angeles County Superior Courts since October of 2009.

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