ERISA Litigation

EXECUTIVE BREAKFAST & SPECIAL DELIBERATION – The Nuances of 401K Class Actions, Executive Fees, Settlement Outcomes and Fiduciary Breaches

Don’t this special-smaller-group, closed-door discussion on settlements involving 401(k) cases and how this affects the course of litigation in the future

• Examining claims based on investment fees, excessive fees, and fiduciary breaches
• Analyzing the changes to pension and 401K plans and how companies are navigating those changes
• Identifying the impact of any employee furlough or reduction in number of participants in a plan can trigger a partial termination under PBGC, that has an impact on plan sponsors and participants
• Analyzing the use of participant data by record keepers

Main Conference Registration & Continental Breakfast

Keynote

DOL Updates and Priorities Moving Forward

• DOL Activity on Proposed Rules, Audits, Investigations and Enforcement actions
• Identifying how the COVID-19 pandemic has impacted employee benefits and breaking down the new laws in place in response to the pandemic
• Analyzing new regulatory developments made by the Department of Labor
• Exploring the Secure Act

Co-Chairs’ Opening Remarks: Where We Are Post-Election, Global Pandemic and How it Affects Litigation

This session will show the changes to administration impact the ERISA space, as well as outline the primary goals and play book of the Employee Benefits Security Administration.

Morning Break

Covid-19, The Market and Your Cases: Critical Takeaways on New, Emerging 401K Investment Performance and Stock-Drop litigation

The recent drop in the stock market due to the pandemic has become the driver for increased litigation to come. Out experts will dive into how to navigate risk and manage when in state of uncertainty.

• Exploring the impact, the COVID-19 vaccine will have on the markets
• Managing the increased lawsuits challenging the investment performance of the 401(k) plans
• Identifying notable theories that are different from prior cases
• Jander v. IBM case on stock-drop litigation
• Interpreting the outcome for months to come if the markets remain unstable due to pandemic

View from the Client-Perspectives on the Unexpected, Long-Term Implications of COVID-19 on ERISA Litigation and Employment-Related Risk Factors

• Employers responsibility and potential liability with regard to the future workplace environment
• Determining how to recruit, retain, and motivate in this new changing workforce
• Identifying if there is a new role within our senior executive staff to anticipate, prepare for, and better respond to these types of crises or future events

Networking Luncheon

After Lunch Interview

Challenges to Actuarial Assumptions: The Lesser Known Takeaways from Actuary Equivalent Class-Action Lawsuits and Emerging Trends

In this session, our experts will analyze the slew of actuarial equivalent class action lawsuits put forth for this year and determine what these cases mean for ERISA case outcomes

• Examining the current overview of litigation trends associated with actuarial assumptions for annuities in these cases
• Analyzing how the cases challenge the assumptions and factors used to calculate the amount of benefits
• PepsiCo
• American Airlines
• Raytheon
• AT&T
• Determining how to minimize your risk and reduce your litigation risk profile

Afternoon Break

401Ks and Covid-19: Special Considerations for Handling Evolving Claims and What Is Coming Down the Pipeline

• Understanding new COVID-19 related legislation pertaining to 401(k) plans
• Identifying participant hardship as they continue to make withdrawals
• Interpreting lawsuits related to wrongful denial of benefits or lack of funding toward COVID-q9 testing
• Detailed overview of legislative efforts relating the New Secure Act and its impact on 401(k) plans
• Exploring the new CARES act and how features including amending plans to take loans and withdraws are being implemented and communicated to employees.

The Rise in Arbitration for ERISA Cases: Dissecting the Winning Arguments in Recent Ninth Circuit Cases- and The Impact on Class Waivers and Arbitration Clauses

The panel will explore prominent Ninth Circuit cases that have upfolded the argument in favor of arbitration.

• Dorman v. The Charles Schwab Corp.
• Monro vs the University of Southern California cases
• AT&T Mobility LLC v. Concepcion
• Identifying the historical background of the enforcement of the arbitration clause
• Determining how to implement an effective arbitration and class waiver provision

Conference Adjourns to Day Two

Confidential Breakfast

Co-Chair’s Welcome Remarks and Recap of Day One

Keynote

COBRA ROUNDTABLE DISCUSSION

Leading Practitioners Share Experiences with Soaring COBRA Notices and Class Actions in the Wake of COVID-10

This panel will explore the increase in COBRA class-action lawsuits. Our experts will discuss recent notices and Identify strategies and takeaways to avoid this type of litigation.

• Practical impact of the IRS guidance, extensions of cobra, health plan claims, the extension for filing, remote online denaturization and impact of downtime of retirement las
• Navigating delays to submit claims and remit payments
• Understanding how COBRA notices are affecting pension plans
• Identifying any litigation files associate with the DOL’s guidance and what it means from the fiduciary perspective

Morning Refreshment Break

NEW

The Grey Areas of Sick-Leave Claims: Perspectives on Applying Emergency Legislative and Fiduciary Requirements, and DOL Guidance Affecting ERISA

In this panel, our experts will explore guidance from the Department of Labor addressing COVID-19 related concerns that employers and employees are facing.

• Analyzing guidance regarding implementation of the Emergency Family and Medical Leave Expansion Act, and the Emergency Paid Sick Leave Act
• Identifying the ramifications associated with fiduciary cases and the governments focus on health care plans

Cyber Theft and Data Privacy In the Context of Arbitration, Mediation and Participant Information

• Exploring virtual strategies employed to execute arbitration and mediation
• Preventing social transformation associated with plan assets and protecting participant information
• Analyzing recent cyber theft cases related to fraudulent 401(k) distributions
• Determining what plan sponsors and record keepers should be doing to prevent theft and authentications
• Identifying how a company can protect themselves against a security breach and ensuring they are in compliance
• Navigating practical procedures

Conference Ends