ERISA Litigation

A: October 20, 3:45 – 5:45 p.m.
Exploring Cigna v. Amara: An In-Depth guide to the Most Important ERISA Case of the Year - led by Cigna’s Co-Counsel
(separate registration required)

The Supreme Court’s decision in Cigna v. Amara has set the ERISA bar abuzz. With many calling this the most important ERISA decision from the high court in a decade, both in-house counsel and outside litigators must master the implications and ensure their internal policies do not leave them with potential exposure...and who better to benchmark with than Cigna’s co-lead counsel. The Cigna decision has the potential to change the landscape of ERISA litigation like few other cases have. Attend ACI’s 2 hour master class to gain the inside perspective on the ins and outs of this pivotal case - and learn how to avoid the potentially costly fallout!

Amir Cameron Tayrani
Gibson, Dunn & Crutcher LLP (Washington, D.C.)

• A deep dive into the holding of Cigna and what the court was really saying
  • Understanding the politics behind the court’s holding
• Will the lower courts follow Cigna’s guidance on damages and remedies or is it just “blatant dictum?”
  • If so, how will Cigna affect the remedy landscape?
• A specific look at the future of
  • Equitable relief
  • Plan reformation
  • Detrimental reliance
• What cases are pending in the circuit and district courts that Cigna will likely effect? How will Cigna shape ERISA case law
• Best strategies for arguing against monetary damages as a form of “equitable relief”
• Exploiting the “actual harm/detrimental reliance” requirement and effectively using it as a tool to minimize damages
• Determining when a violation of the law can lead to reformation
• Understanding the equitable remedy of “surcharge” and limiting fiduciary exposure to same
• In the absence of a bright line requirement, when will courts require participants to show detrimental reliance for mistakes made in SPDs?
• Minimizing sponsor liability by clearly separating the sponsor and administrator role so sponsors can effectively remaining an “innocent third-party” in misrepresentation cases

C: October 19, 4:30 – 6:30 p.m.
Administering Changes Brought by the PPACA, Anticipating new & Emerging theories of liability and a Status Update on the Constitutionality Cases

Marianne W. Culver
Ungaretti & Harris LLP (Chicago, IL)

Michael J. Prame
Groom Law Group Chartered (Washington, D.C.)

PPACA compliance has been a topic at the forefront of everyone’s mind since it was enacted. With some changes already having take affect and more to come, employers have barely begun to scratch the surface of changes that the law requires. Our PPACA experts have been following the law’s developments and requirements and developing best practices in advising their clients – and they’re prepared to share these tips with you. Join leading PPACA attorneys for this in-depth session on PPACA compliance that will leave the most seasoned professionals with detailed information and a practical framework for complying with these on-going mandates.

• Where plan sponsors and administrators can expect upticks in litigation
• Compliance enforcement
  • Is there a private right of action?
  • What regulatory agency will take the lead?
  • What are the non-compliance penalties plans should be concerned with?
• Understanding the evolving appeals landscape and external reviews:
  • Complying with the appeals process and exhaustion
  • How will independent reviews affect the standard of review?
  • What claims can be brought against the IROs?
  • Can a plan sue an IRO for not following the terms of the plan?
• Implementing the newest reforms in plan design
  • Coverage of adult children and other eligibility requirements
  • Pre-existing condition exclusions
  • Lifetime limits
  • Coverage of preventative procedures
  • Automatic enrollment
  • Medical loss ratio requirements
  • Ban on retroactive rescissions
  • What changes to the SPD must be made?
  • Elimination of life-time dollar limits on essential benefits
• Management carve-outs and non-discrimination testing
• Understanding and complying with IRS reporting requirements
• Retaining grandfathered status
  • How to do it
  • The administrative and financial implications of remaining grandfathered
• Looking ahead to 2014 and 2018 mandates
• Can employees be converted to independent contractors without triggering an IRS audit? What about Microsoft issues?
• Update on the PPACA constitutionality cases

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