Day 1 - Thursday, October 27, 2016

7:30
Registration and Continental Breakfast
7:55
Chairs’ Welcoming Remarks
8:00
Judicial Forum on Litigating ERISA and Employee Benefit Claims and Class Actions: Focus on Class Certification, the Motions to Dismiss, Reconciling Differing Pleading Standards and Plausibility
11:00
Defined Benefit Plan Litigation, the Impact of Spokeo, and the Latest on Defenses that Defeat Class Certification
12:15
Networking Lunch for Attendees & Speakers
1:10
The ERISA Preemption Clause and Gobeille
2:05
REMEDIES: Appropriate Equitable Relief Under ERISA After Montanile
2:55
Break
3:00
Fiduciary Investment Litigation: Employer Stock, 401(k) Fee Cases, Stable Value Cases, and Settlement Practices
4:25
Working With Independent Fiduciaries to Protect Participants and Reduce Risk
5:15
In-House Perspectives on Defending ERISA Claims and Class Actions in Today’s Landscape
6:35
Conference Adjourns to Day Two

Day 2 - Friday, October 28, 2016

7:30
Continental Breakfast
8:00
Regulatory Roundup: DOL, IRS/Treasury, EEOC and PBGC Developments
8:45
The Battle Over Discretionary Clauses
9:40
Church Plan Litigation and the Kaplan and Stapleton Decisions: Clarifying Uncertainty Concerning Church Plans and Obligations of Plan Fiduciaries, Outside Investment Managers, M&A of Plan Sponsors, and More
10:25
Break
10:30
Claims Against Service Providers
11:25
Medical Provider Claims: Assignment, Standing and Penalties
12:10
Fiduciary Liability Insurance
1:05
Ethics: The Fiduciary Exception to Attorney-Client Privilege in ERISA Cases and Other Ethical Considerations(featuring .5 CLE-Ethics credit)
2:05
Conference Ends

Day 1 - Thursday, October 27, 2016

7:30
Registration and Continental Breakfast
7:55
Chairs’ Welcoming Remarks

H. Douglas Hinson
Partner
Alston & Bird LLP

Amanda S. Amert
Partner
Jenner & Block LLP

Michael J. Prame
Principal
Groom Law Group Chartered

8:00
Judicial Forum on Litigating ERISA and Employee Benefit Claims and Class Actions: Focus on Class Certification, the Motions to Dismiss, Reconciling Differing Pleading Standards and Plausibility

Panel 1: 8:00 – 9:35 (break 9:35 – 9:40)

Hon. Joy Flowers Conti
Chief District Judge
U.S. Dist. Ct., W.D. Pa.

Hon. Ruben Castillo
Chief Judge
U.S. Dist. Ct., N.D. Ill.

Hon. Leslie Kobayashi

U.S. Dist. Ct., D. Hawaii

Hon. James L. Robart

U.S. Dist. Ct.‚ W.D. Wash.

Hon. Eric F. Melgren

U.S. Dist. Ct., D. Kan.

Hon. Roslyn O. Silver

U.S. Dist. Ct., D. Ariz.

Hon. Michael M. Baylson

U.S. Dist. Ct., E.D. Pa.

Moderator:

Mark Casciari
Partner
Seyfarth Shaw LLP

Panel 2: 9:40 – 11:00

Hon. F.A. Gossett, III
Magistrate Judge
U.S. Dist. Ct., D. Neb.

Hon. Alan S. Trust
United States Bankruptcy Judge
U.S. Bankr. Ct., E.D.N.Y.

Hon. Dennis Graham

Colorado. Ct. App.

Hon. Robert Collings

U.S. Dist. Ct., D. Mass.

Hon. Clifton Newman
South Carolina Jud. Dept.

Hon. Mark I. Bernstein
Judge
Philadelphia Ct. C.P.

Moderator:

Nancy G. Ross
Partner
Mayer Brown LLP

11:00
Defined Benefit Plan Litigation, the Impact of Spokeo, and the Latest on Defenses that Defeat Class Certification

Steven L. Severson
Partner
Faegre Baker Daniels

Robert M. Carmen
Senior Complex Claims Director
AIG

Michael Collins
Partner
Gibson, Dunn & Crutcher

Nicole Y. Blohm
Partner
Meserve, Mumper & Hughes LLP

Christopher J. Rillo
Partner
Maynard Cooper & Gale

  • Article III standing, statutory standing, and the future of ERISA litigation
  • Alleging concrete injury v. violation
  • The impact on class certification
  • Defenses that defeat certification: releases, arbitration agreements, typicality, exhaustion of administrative remedies, statute of limitations, plan Injuries v. individual Injuries

12:15
Networking Lunch for Attendees & Speakers
1:10
The ERISA Preemption Clause and Gobeille

Joseph R. Jeffery
Member
Chittenden, Murday & Novotny

Robert M. Goldich
Shareholder
Greenberg Traurig LLP

Anthony F. Shelley
Partner
Miller & Chevalier Chartered

  • Whether ERISA preempts and voids state law as applied to TPA for self-insured employee health plan
  • Confliction and reporting requirements
  • The implications for states’ ability to monitor healthcare markets

2:05
REMEDIES: Appropriate Equitable Relief Under ERISA After Montanile

Eric G. Serron
Partner
Steptoe & Johnson LLP

R. Joseph Barton
Partner
Cohen Milstein Sellers & Toll PLLC

Stephen D. Rosenberg
Partner
The Wagner Law Group

  • The Supreme Court Decision and further clarification on equitable relief remedies available under ERISA
  • Post-Amara Look At The Remedial Scheme Under 502(a)(3)
  • The Sereboff test
  • Traceability and the comingling of assets
  • What this means for the future

2:55
Break
3:00
Fiduciary Investment Litigation: Employer Stock, 401(k) Fee Cases, Stable Value Cases, and Settlement Practices

D. Lee Heavner Ph.D.
Managing Principal
Analysis Group

Michael N. Khalil
Member
Miller & Chevalier Chartered

Michael A. Wolff
Counsel
Schlichter Bogard & Denton, LLP

Todd D. Wozniak
Shareholder
Greenberg Traurig LLP

James O. Fleckner
Partner
Goodwin

  • Latest allegations against fiduciaries for breach of duty regarding retirement plans and recoupment of losses
  • Post-Dudenhoeffer stock drop case law update and latest cases involving declines in value of employer stock (public and private company context)
  • Lower court interpretations of Dudenhoffer
  • The pleading standards for determining whether a complaint in a stock-drop case alleges sufficient facts to state a claim for breach of fiduciary duty under ERISA
  • Disclosure claims in ERISA stock drop litigation
  • Expansion of claims over plan investments in defined contribution plans, including 401(k) investment selection cases, suits involving how fees are monitored in a 401(k), reducing fees, excessive plan fees, and more
  • Excessive fee cases coming out of the lower courts post-Tibble
  • Statute of limitations issues in litigation regarding plan investments
  • Latest litigation by plan fiduciaries against plan investment/service providers
  • Recommendations for how ERISA professionals can benchmark their strategies in response to these recent trends and new developments

4:25
Working With Independent Fiduciaries to Protect Participants and Reduce Risk

J. Stephen Caflisch
Senior Vice President and General Counsel
Fiduciary Counselors

H. Douglas Hinson
Partner
Alston & Bird LLP

  • ERISA litigator perspectives on situations that necessitate the use of experts, including independent fiduciaries, and evaluating how much information to share
  • Hiring an independent fiduciary; when you should retain their services
  • Roles and responsibilities when engaged: Employer stock funds — appointment of “independent” fiduciaries without access to nonpublic information; Annuity purchases; Prohibited transactions; QPAM and INHAM audits; Reviewing litigation settlement

5:15
In-House Perspectives on Defending ERISA Claims and Class Actions in Today’s Landscape

Peter M. Kelly
Chief Employee Benefits Counsel
Blue Cross Blue Shield

John P. Forgach
Assistant General Counsel, Employment & Benefits
W.R. Grace & Co.

Brian L. Smith
Chief Operating Officer
Segal Select Insurance Services, Inc.

Victoria L. Gorokhovich
Senior Counsel
Cigna Legal

Rhonda Prussack
Heady of Fiduciary and Employment Practices Liability
Berkshire Hathaway Specialty Insurance

Philip I. Weis
Director & Senior Employment Counsel
Boehringer Ingelheim Pharmaceuticals

Bradley Schlichting
Senior Counsel
Wells Fargo & Co.

Kimberly Evans
Counsel
The Hartford Financial Services Group, Inc.

Vicki D. Blanton
Executive Director – Senior Legal Counsel, Tax & Benefits
AT&T Management Services, LP

Moderator:

Anne Pachciarek
Partner
DLA Piper LLP

6:35
Conference Adjourns to Day Two

Day 2 - Friday, October 28, 2016

7:30
Continental Breakfast
8:00
Regulatory Roundup: DOL, IRS/Treasury, EEOC and PBGC Developments

Gregory L. Ash
Partner
Spencer Fane Britt & Browne LLP

Michael J. Prame
Principal
Groom Law Group Chartered

The DOL’s rule defining fiduciary status, investment advice and the potential implications:

  • Update on the implementation and impact
  • Plan sponsors and health savings accounts
  • Best interest contract exception
  • IRAs and rollovers
  • The delineation of categories of advice that could be considered fiduciary conduct
  • Carve-outs from the definition of investment advice
  • New and amended prohibited transaction exemption
  IRS
  • The Determination Letter Program: the coming scale-back and its implications
  • Revisions to the Employee Plan Compliance Resolution System
  • The Voluntary Closing Agreement Program (VCAP): Income Tax Relief for Participants
  EEOC
  • The EEOC’s wellness regulations:
    • The ADA’s exception for voluntary programs that involve disability-related inquiries or medical exams
    • Incentives and rewards under wellness programs
    • Requirements for a wellness program to be considered voluntary
  PBGC
  • The PBGC: What’s new for practitioners?
  • Benefit restrictions and the present value of the maximum guarantee
  • The effect of HAFTA on Section 4010 filings
  • Information gathering with respect to de-risking activity
  • Standard and Distress Termination Forms and Missing Participants Forms and Instructions

8:45
The Battle Over Discretionary Clauses

Elise Klein
Partner
Lewis Brisbois Bisgaard & Smith LLP

Andrew Davis
Attorney
Pierce Atwood LLP

Stephania Camp Denton
Shareholder
Lane Powell PC

  • State Discretionary Bans
  • The Latest Case Law Developments Stemming from These Bans
  • Examining the Ultimate Impact of a Discretionary Clause/Ban on a Disability Case

9:40
Church Plan Litigation and the Kaplan and Stapleton Decisions: Clarifying Uncertainty Concerning Church Plans and Obligations of Plan Fiduciaries, Outside Investment Managers, M&A of Plan Sponsors, and More

Michelle Thurber Czapski
Member
Bodman PLC

Ron Kilgard
Attorney
Keller Rohrback L.L.P.

  • The status of church plans after Kaplan and Stapleton
  • Assessing recent actions brought against church plans
  • Exclusion of such plans from ERISA requirements
  • What are successes or failures of church plan litigation? Where does it go from here?
  • What are the implications of this litigation in broader contexts?
  • PBGC responsibility for the plans
  • Nuances regarding same sex marriage, contraception, and social conscious investment decision-making
  • Congressional action on the ERISA’s church plan exemption
  • What steps should church plan sponsors take to protect their plans from a successful challenge?

10:25
Break
10:30
Claims Against Service Providers

Sharon Goldzweig
Associate Counsel
Consolidated Edison, Inc.

Ronald S. Kravitz
Attorney
Shepherd, Finkelman, Miller & Shah, LLP

Amanda S. Amert
Partner
Jenner & Block LLP

  • Preemption of state law theories
  • Fiduciary status of service providers
  • Health and Welfare Plans:
    • TPA liability
    • External claims reviewers and ACA required external reviews
    • Broker/consultant fees
  • Retirement plans:
    • Rollovers
    • Conflicts of interest
    • Prohibited transactions

11:25
Medical Provider Claims: Assignment, Standing and Penalties

Dana Berkowitz
Partner
Stris & Maher LLP

Joe Yonadi
Partner, Executive Compensation & Benefits Practice Group
Benesch, Friedlander, Coplan & Aronoff LLP

  • Influx of cases where medical providers sue medical plans and insurers
  • Assignment of patient claims to medical providers
  • Standing under ERISA
  • Claims of fraud and discrimination
  • State law and preemption concerns

12:10
Fiduciary Liability Insurance

Alison Martin
Vice President, North America Financial Lines Claims
Chubb

Wendy Katherine Von Wald
Fiduciary Product Manager
Travelers

Barbara Gubitose
Senior Vice President Professional Risk Practice – Risk Management Clients
Wells Fargo Insurance

Larry Fine
Global Head, Professional Liability Claims
AIG Property Casualty

  • Insurance percentage caps and actuarial discounts
  • Language challenges and claim considerations
  • Dissecting claims
  • Strategic litigation considerations when fiduciary insurance is involved
  • Settlement considerations when fiduciary insurance is involved
  • Assessing your needs and ensuring proper coverage disputes; key exclusions; issues that arise when service providers (TPAs, record keepers, etc.) are involved
  • Typical policy provisions and the issues they raise
  • Indemnification and liability insurance coverage options for ERISA fiduciaries
  • Lessons to learn from recent ERISA fiduciary liability insurance coverage cases
  • ERISA fiduciary liability insurance negotiation, placement and underwriting issues
  • Coverage issues under ERISA fiduciary liability insurance
  • What the current coverage landscape looks like

1:05
Ethics: The Fiduciary Exception to Attorney-Client Privilege in ERISA Cases and Other Ethical Considerations(featuring .5 CLE-Ethics credit)

Daniel W. Maguire
Partner
Burke, Williams & Sorensen, LLP

Patrick W. Begos
Founding Member
Begos Brown & Green LLP

Joseph M. Hamilton
Partner
Mirick, O’Connell, DeMaille & Lougee, LLP

  • Legal framework for the Fiduciary Exception to the AC Privilege
  • Advice from outside counsel on a claim for benefits
  • Privileged legal advice concerning a fiduciary’s own liability
  • Engagement letters
  • Advice pitfalls to avoid; other ethical considerations

2:05
Conference Ends