Defending Against ERISA Wrongful Denial of Benefits Claims: Procedural and Substantive Strategies
Navigating ERISA's Procedural Prerequisites; Leveraging Defenses of Lack of Standing, Contractual Time Limits, Exhaustion, and More
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE course will guide employee benefits counsel in defending against wrongful denial of benefits claims involving ERISA plans. The panel will explain the administrative process required under ERISA before litigation may proceed. The panel will also discuss how courts are addressing critical procedural and substantive issues, including standing, contractual time limits, exhaustion of administrative remedies, discovery, standards of review, deference to the administrator's decision, attorneys' fees, and preemption.
Outline
- Exhaustion of administrative remedies
- Standing
- Standard of review
- State law preemption and removal
- Statute of limitations and other procedural issues
- Scope of conflict discovery and other discovery practices
- Attorneys' fee awards and remedies
Benefits
The panel will review these and other key issues:
- How can plans preserve and maximize their procedural and substantive defenses through plan design?
- What has been the impact of recent case law on the review of claim administrators' determinations?
- What are best practices for preparing during the administrative process for responding to conflict discovery and protecting the administrative record?
Faculty
Eliot T. (Eli) Burriss
Partner
Faegre Drinker Biddle & Reath
Mr. Burriss represents clients in sophisticated litigation matters, with a scope that includes derivative actions,... | Read More
Mr. Burriss represents clients in sophisticated litigation matters, with a scope that includes derivative actions, M&A disputes, software license and data breach litigation, antitrust litigation, and trade secret litigation. He also has extensive experience litigating matters that arise under the Employee Retirement Income Security Act (ERISA), including 401(k) litigation, employee stock ownership plan (ESOP) litigation, and representing some of the world’s largest health plan administrators and insurers, advising on a variety of litigation matters, including anti-fraud litigation, provider disputes and regulatory issues.
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David M. Mohl
Attorney
Katten Muchin Rosenman
Mr. Mohl helps clients navigate the complex regulatory landscape of ERISA, the Internal Revenue Code, the Affordable... | Read More
Mr. Mohl helps clients navigate the complex regulatory landscape of ERISA, the Internal Revenue Code, the Affordable Care Act, COBRA, HIPAA, and various federal and state laws affecting employee benefits. His practice covers the design, implementation and administration of employee benefit plans as well as the defense of plans and plan fiduciaries in government investigations. Mr. Mohl has significant experience representing fiduciaries in complex ERISA litigation disputes in both arbitration and class action lawsuits. He also has experience representing Taft-Hartley plans, focusing on the unique challenges that face multiemployer plans and contributing employers.
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