ERISA 403(b) Plan Litigation: New Frontier in Retirement Fund Litigation
Causes of Action, Defenses, Dismissals and Settlements, Lessons From 401(k) Claims
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will discuss the new wave of retirement plan litigation targeting Section 403(b) plans. The program will review the cases filed to date, legal theories raised, defenses, dismissals and the current state of the litigation. The program will review how prior 401(k) claims are instructive for these new 403(b) claims, and how the differences between the two types of plans make the 403(b) claims different in theories and defenses. The program will close with tips for fiduciaries to lower their risk of losing a lawsuit.
Outline
- Overview of litigation trends and developments
- Dismissed claims
- Pending litigation
- Defense perspective
- Theories of liability
- Defenses
- Lessons from 401(k) claims
- How plan fiduciaries can adopt practices to lower their risk of losing a lawsuit
Benefits
The panel will review these and other key issues:
- What are current trends in this wave of retirement fund litigation?
- What are the theories plaintiffs allege to support claims against 401(b) fiduciaries?
- How is the 401(k) litigation instructive for these new 403(b) claims, and how do the differences between the two types of plans distinguish 403(b) claims?
- What practices can fiduciaries adopt to lower their risk of losing a lawsuit?
Faculty
Carol I. Buckmann
Partner
Cohen & Buckmann
Ms. Buckmann has advised global employers on U.S. and cross-border employee benefit matters for over 35 years.... | Read More
Ms. Buckmann has advised global employers on U.S. and cross-border employee benefit matters for over 35 years. She focuses her practice on employee benefits and ERISA, dealing with some of the foremost issues in ERISA, including pension plan compliance, fiduciary responsibilities and investment fund formation. She has significant experience with complex pension law and fiduciary problems.
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Taylor Wedge French
Partner
McGuireWoods
Mr. French's employee benefits practice covers a wide-range of traditional executive compensation and employee... | Read More
Mr. French's employee benefits practice covers a wide-range of traditional executive compensation and employee benefits matters along with a variety of inter-disciplinary practice areas and industries that are affected by executive compensation and employee benefits laws. He works with clients to design, implement and maintain equity compensation plans, long-term incentive plans, bonus programs and non-qualified deferred compensation arrangements for executives, employees and non-employee directors. He has extensive experience in the creation and maintenance of all manner of tax-qualified retirement plans and advises and negotiates executive compensation and employee benefits matters relating to private equity, mergers and acquisitions, and other corporate transactions.
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Bruce M. Steen
Partner
McGuireWoods
Mr. Steen is the chair of the firm's labor and employment practice. He represents employers and management in... | Read More
Mr. Steen is the chair of the firm's labor and employment practice. He represents employers and management in labor and employment matters. On behalf of ERISA pension and welfare plans and plan sponsors, he has extensive experience litigating pension, disability and severance claims in federal courts in many parts of the country. He also has extensive experience litigating collective and class action claims throughout the United States arising under federal and state wage and hour and wage payment statutes. On behalf of employers and management, he litigates claims and counsels clients regarding the employment practices of federal contractors, the National Labor Relations Act, and the Labor Management Relations Act.
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