ERISA Litigation Developments: Implications in 2016 and Beyond
The ever-changing economy continuously challenge employers in the private sector, especially in addressing concerns and legal issues related to the welfare, disability and life insurances of their employees. It is, therefore, imperative for them to familiarize themselves with the laws and regulations governing employee welfare. The Employee Retirement Income Security Act (ERISA) administers and addresses such concerns, with an emphasis on private pension plans of employees in private entities. Companies need to establish a secure and robust monitoring system in order to avoid future ERISA litigation risks.
In a two-hour LIVE Webcast, a seasoned panel of thoughtful leaders and professionals assembled by The Knowledge Group will offer the audience with an in-depth discussion of the current issues in ERISA Litigation. Additionally, speakers will present their observations concerning the effects of Barboza v. California Association of Professional Firefighters, a significant opinion from the Ninth Circuit expected to impact how ERISA administrators are compensated and the manner in which plans can hold assets in trust.
Key topics include:
- ERISA Litigation Developments - an Overview
- Lessons from Tyson Foods, Inc. v. Bouaphakeo Case
- Impact of the Bouaphakeo Decision on ERISA Litigation
- Potential Ramifications in Class Action Litigation
- Legal Issues in Tyson Foods, Inc. v. Bouaphakeo Case
- Use of Statistical Techniques and Averaging
- Inclusion of Class Member who were not injured
Jonathan L. Sulds, Shareholder
Greenberg Traurig, LLP
- ERISA litigation lessons from Tyson Foods v. Bouaphakeo
- Dudenhoeffer and Beyond—Stock Drop Developments and Amgen v. Harris
- New Cases Exploring Withdrawal Liability and successors
Brendan J. Begley, Attorney
Weintraub Tobin Chediak Coleman Grodin Law Corporation
- Barboza v. Cal. Assn. of Prof'l Firefighters, 799 F.3d 1257 (9th Cir. 2015):
- The Ninth Circuit has clarified what it means to hold “all assets of an employee benefit plan … in trust” under 29 U.S.C. § 1103(a).
- The Ninth Circuit has rejected the Department of Labor’s requirement of “a written trust instrument” in 29 C.F.R. § 2550.403a-1.
- The Ninth Circuit has issued a first-of-its-kind ruling on what constitutes a prohibited transaction by an administrator under 29 U.S.C. § 1106(b)(1).
- The Ninth Circuit has affirmed that the “prudent man standard of care” applies to claims of fiduciary breach based on the failure to file tax forms.
Who Should Attend:
- ERISA Class Action Lawyers
- Legal Advisers
- Class Action Counsel
- Legal Counsel
- Private and Public Companies
- Other related/interested Professionals and Organizations
Jonathan L. Sulds is Co-Chair of Greenberg Traurig’s Global Labor & Employment and Global Human Capital Solutions Practices in their New York office. He has been representing leading employers since 1974 in virtually every aspect of their engagement, protection, management and reward of workforce resources. Jon regularly represents employers in the areas of collective bargaining and traditional labor relations, Employee Retirement Income Security Act (ERISA) litigation, wage and hour matters, discrimination complaints, restrictive covenant, duty of loyalty and trade secret litigation, Dodd Frank, Sarbanes-Oxley (SOX) and other whistleblower matters, global and domestic executive employment arrangements, and corporate campaigns. Jon is also involved in the labor and employment aspects of corporate transactions and class and collective actions that arise in these contexts. John received his J.D., cum laude, from Harvard Law School in 1974; his M.A., with distinction, Colgate University in 1971; and his B.A., magna cum laude, from Colgate University in 1971. He is admitted to practice in New York, the U.S. District Court for the Southern, Eastern and Western Districts of New York; the U.S. District Court for the District of Colorado; and the U.S. Court of Appeals for the Second and Third Circuits.
Jonathan L. Sulds is Co-Chair of Greenberg Traurig’s Global Labor & Employment and Global Human Capital Solutions Practices in their …
Brendan J. Begley spearheads the Appeals and Writs group at Weintraub Tobin and is a member of the firm’s Labor and Employment, Litigation, and Trust and Estates groups. He is an Appellate Law Specialist certified by The State Bar of California Board of Legal Specialization. In ERISA litigation, Brendan has handled class actions, interpleader and single-plaintiff cases alleging fiduciary breaches, interference with attainment of pension benefits, denial of welfare benefits, improper offsets, comingling of assets, inappropriate delegation of investment authority, self-dealing and prohibited transactions, failure to comply with reporting and disclosure requirements, excessive administration fees, and inadequate reserves. He also has prosecuted successful counterclaims to recover concealed offsets. At the appellate stage, Brendan has handled cases before the California Court of Appeal, the California Supreme Court, the U.S. Court of Appeals for the Ninth Circuit, and the U.S. Supreme Court.
Brendan J. Begley spearheads the Appeals and Writs group at Weintraub Tobin and is a member of the firm’s Labor …
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About Greenberg Traurig, LLP
Greenberg Traurig, LLP is an international, multi-practice law firm with approximately 1800 attorneys serving clients from 37 offices in the United States, Latin America, Europe, Asia, and the Middle East. The firm is among the 2015 BTI Brand Elite and among the most “Tech Savvy.” It was on the 2013-2015 BTI Client Service 30 listings of firms “most recognized by clients for providing excellent client service,” and one of the 2014 BTI Client Relationship Scorecard “Power Elite,” based on the nature and strength of its client relationships. More information at: www.gtlaw.com.
About Weintraub Tobin Chediak Coleman Grodin Law Corporation
With offices throughout California, Weintraub Tobin attorneys have over 30 years of experience in representing ERISA plans and fiduciaries. Our lawyers have handled a wide-range of issues – such as plan preparation, implementation, administration, tax advice and claims processing – for nationwide and regional administrators and various types of plans and plan sponsors (including national employers and more localized voluntary employee benefit associations). In litigation, we have prevailed in lawsuits alleging numerous types of claims, including unpaid benefits, improper offsets, and multiple types of fiduciary breaches. We also have a strong record of success in handling ERISA appeals before the U.S. Court of Appeals for the Ninth Circuit. Additionally, we have represented our ERISA clients capably in proceedings before the California Department of Insurance and the U.S. Department of Labor.