ERISA Breach of Fiduciary Duty Class Actions: Avoiding and Defending Claims Against Companies and Fiduciaries
Leveraging Standing, Statute of Limitations, Exhaustion and Mandatory Arbitration to Defeat Claims; Methods to Prevent Claims
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will provide guidance to counsel for plan fiduciaries and companies on avoiding and defending ERISA class claims that allege breach of fiduciary duty related to the selection and administration of investment plans. The panel will discuss the latest trends, analyze key substantive and procedural issues addressed in recent court rulings, and outline effective strategies for defending and avoiding class claims.
Outline
- ERISA breach of fiduciary duty class claims: current trends
- Strategies for defeating certification
- Standing
- Statute of limitations
- Exhaustion of administrative remedies
- Mandatory arbitration
- Other effective strategies
- Best practices to avoid and reduce ERISA breach of fiduciary duty class litigation
Benefits
The panel will review these and other key issues:
- What are the latest trends regarding ERISA breach of fiduciary duty class action lawsuits?
- How are courts addressing ERISA class action lawsuits alleging breach of fiduciary duties?
- What strategies have proven effective for counsel for defending ERISA class claims at certification and trial?
- How can plan fiduciaries and companies proactively minimize the risk of being a target of an ERISA breach of fiduciary duty action?
Faculty
James O. Fleckner
Partner
Goodwin Procter
Mr. Fleckner is a nationally recognized leader in the field of ERISA litigation and heads the firm’s ERISA... | Read More
Mr. Fleckner is a nationally recognized leader in the field of ERISA litigation and heads the firm’s ERISA Litigation Practice. He focuses on complex commercial litigation, representing financial service providers and corporate clients in ERISA, securities and derivative class actions and in private civil litigation. He is renowned as a lecturer and author on ERISA and related litigation topics, and has presented at over 40 conferences across the U.S.
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Brian D. Netter
Partner
Mayer Brown
Mr. Netter is a member of the firm’s Litigation & Dispute Resolution Practice and is Co-Leader of the Supreme... | Read More
Mr. Netter is a member of the firm’s Litigation & Dispute Resolution Practice and is Co-Leader of the Supreme Court & Appellate Group. His practice consists of briefing and arguing high profile and legally complex cases in trial and appellate courts. Mr. Netter’s experience covers a broad range of substantive areas and he frequently litigates cases involving administrative law, constitutional law and ERISA. He is a frequent commentator on the Supreme Court’s ERISA docket.
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