ERISA Litigation in 2019 and Beyond

Live Webcast Date: Wednesday, April 17, 2019 at 3:00 pm - 4:00 pm (ET)

Online CLE ERISA Litigation

Join us for this Knowledge Group Online CLE ERISA Litigation Webinar. The Employee Retirement Income Security Act (ERISA) of 1974 sets forth the guiding principles of employee benefit plans for private and other non-governmental entities. By setting the minimum standards required, ERISA regulates administration and investment practices which have long helped and protected employees from issues and disputes relating to corporate plans.

However, despite its benefits, ERISA is an ever-growing area of law which oftentimes causes confusion among non-expert plan holders, as reflected by the increasing number of litigations every year. This reinforces the need for businesses and their counsel to keep themselves abreast of the recent ERISA litigation updates to put themselves in the best position.

In a Webcast, a panel of thought leaders and practitioners assembled by The Knowledge Group will discuss the significant and latest issues surrounding ERISA litigation. Speakers will provide an in-depth discussion of the law, guided by recent case laws and decisions. They will also offer important litigation insights in 2018 and beyond.

Key topics include:

The Employee Retirement Income Security Act of 1974: Nuts and Bolts
ERISA Claims and Preemptions
Relevant Case Laws and Decisions
Litigation Trends and Updates
2018 ERISA Litigations and Its Implications in the Upcoming Year
Practical Tips

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

Faculty

Robert M. Forni, Jr., Esq.
Partner
Ropers Majeski Kohn & Bentley PC

David R. Johanson
Partner
Hawkins Parnell & Young, LLP

Click Here to Read Additional Material

Online CLE ERISA Litigation

SEGMENT 1:
Robert M. Forni, Jr., Esq., Partner
Ropers Majeski Kohn & Bentley PC

Recent decisions concerning claims for attorneys’ fees under 29 U.S.C. § 1132(g)(1) since Hardt v. Reliance Standard Life Ins. Co., 560 U.S. 242 (2010), with particular attention to
(a) whether a claimant who succeeds in securing a remand of a claim to the administrator, but not an award of benefits sought, achieves “some success on the merits”;
(b) whether claimants who succeed in obtaining benefits following a remand may recover fees incurred during administrative proceedings; and
(c) limits on amounts claimed under 29 U.S.C. § 1132(g)(1).
Recent decisions addressing whether administrators have waived, or are estopped from asserting, reasons or facts asserted for the first time during litigation.
Recent decisions addressing pre-emption of state law claims under ERISA, with particular attention to claims by medical providers against insurers versus plan sponsors.
Recent decisions addressing circumstances when the fiduciary exception to attorney-client privilege applies.
Whether claimants are entitled to recover interest on previously unpaid, or “past due,” benefits absent plan provisions providing for interest.

SEGMENT 2:
David R. Johanson, Partner
Hawkins Parnell & Young, LLP

Arbitration Provisions in ERISA plan documents

Munro v. University of Southern California, Case No. 17-55550 (9th Cir. Jul. 24, 2018), cert. denied February 19, 2019
Developments in ERISA Claims

U.S. Department of Labor Information Letter, dated February 27, 2019, regarding the designation of an authorized representative in ERISA claims procedures
Statute of Limitations

Sulyuma v. Intel Corporation Investment Policy Committee, Case No. 17-15864 (9th Cir. Nov. 28, 2018) (writ filed but not granted or denied) – “Actual Knowledge” component of the 3-year statute of limitations under Section 413 of ERISA, 29 U.S.C. § 1113;
ERISA Pre-Emption
ESOP Valuations

Brundle v. Wilmington Trust, N.A., Case No. 17-1873 before the U.S. Court of Appeals for the Fourth Circuit—oral arguments heard on December 11, 2018 – ESOP valuation issues (selection of appraiser, provision of accurate financial information and reasonable projections, review of valuation report, etc.);
Cook Technologies, Inc. v. Panzarella, 2018 U.S. Dist. LEXIS 212566 (D.C. Ed. Pa. 2018) – current ESOP valuation;

Online CLE ERISA Litigation

Robert M. Forni, Jr., Esq.PartnerRopers Majeski Kohn & Bentley PC

Robert M. Forni, Jr. is a partner in Ropers Majeski’s San Francisco office. With two decades of litigation experience and expertise in ERISA, insurance coverage and bad faith litigation involving commercial and personal lines of insurance, Mr. Forni specializes in the representation of insurers, employers, employee welfare benefit plans and their fiduciaries in all phases of litigation, in state and federal court. Mr. Forni has also provided services as insurer-selected counsel for insureds, and independent representation of insureds as Cumis counsel. Mr. Forni is experienced in preparing comprehensive coverage opinions, counseling insurers and employee welfare plans throughout the claims and litigation process, and developing practical and efficient solutions for clients that achieve their business and legal objectives. Mr. Forni’s expertise extends to commercial and personal lines of insurance, including disability, health, commercial general liability, commercial property, homeowners and automobile.

David R. JohansonPartnerHawkins 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 law

Course Code:
147401

NY Category of CLE Credit:
Areas of Professional Practice

Total Credit:
1.0 CLE

About the Knowledge Group

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ERISA Litigation in 2019 and Beyond