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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    ERISA

Date & Time
  • event Date

    Thursday, April 17, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00

This CLE webinar will provide guidance to employee benefits counsel on recent ERISA litigation and key issues for plan sponsors and third-party administrators. The panel will discuss the recent lawsuit filed against the DOL regarding ESG rules, fiduciary duty claims and benefits litigation procedures, and best practices for employee benefits counsel.

Faculty

Christina L. Hennecken
Partner
Goodwin Procter LLP

Ms. Hennecken is a partner in the firm’s Complex Litigation & Dispute Resolution, ERISA Litigation and Consumer Financial Services Litigation practices. She represents financial institutions and corporate clients in class actions, government enforcement proceedings and investigations, and complex civil litigation involving ERISA, the Consumer Financial Protection Act, and other federal and state consumer financial protection statutes. She has extensive experience defending fiduciaries and plan sponsors in ERISA litigation matters.

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Johnjerica Hodge
Partner and Co-Chair, ESG Risk and Investigations
Katten Muchin Rosenman LLP

Ms. Hodge represents clients in internal and governmental investigations, corporate compliance and appellate litigation across industries. She focuses part of her practice on helping health care providers respond to investigations and related matters under the False Claims Act involving allegations of fraudulent billing and violations of the Anti-Kickback Statute. Ms. Hodge also provides counsel on billing and coding issues under state laws.

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José M. Jara
Counsel
Fox Rothschild LLP

Mr. Jara has over 20 years of ERISA and employee benefits experience, ranging from governmental compliance, fiduciary liability insurance, to the application of ERISA’s fiduciary standards and prohibited transaction provisions. Mr. Jara has extensive experience resolving issues for corporate plan sponsors and multiemployer plans before the U.S. Department of Labor, where he was formerly a senior pension law specialist and investigator.

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Description

In the past year, there has been an increase in ERISA litigation, including arbitration, stemming from the breach of fiduciary duty, recent DOL ESG rules, plan fees, and third-party administration liability. Failure to follow best practices and risk mitigation strategies for ERISA-covered plans often results in litigation and can cost millions in legal fees and settlements.

Recent cases have shown that methods of plan investment selection, excessive fees, benefit claims procedures, and administrator liability are often the basis of litigation alleging breach of fiduciary duty against plan sponsors and administrators. Fiduciary responsibilities under ERISA require plan sponsors and administrators to monitor fee structures and limit expenses, avoid conflicts of interest, protect data, and select investment options and providers to benefit plan participants.

There are a number of cases within the past year showing how courts interpret and apply the Hughes decision and other cases' continued focus on fiduciary duty and the extent of liability. In addition, half the states have filed a lawsuit against the DOL regarding their recent ESG rules under a variety of claims under ERISA.

ERISA counsel and fiduciaries seeking to minimize liability must identify key items in plan design and administration and effectively manage lawsuits when needed.

Listen as our panel discusses the latest ERISA litigation and the differences in claims, theories, and causes of action. The panel will also offer techniques for managing lawsuits and what to do to avoid litigation.

Outline

  1. Recap of key court cases
  2. Recent DOL ESG rule lawsuit
  3. Other cases, legal theories, and tactics
  4. Best practices for counsel and fiduciaries

Benefits

The panel will discuss these and other key issues:

  • What has been the impact of key ERISA litigation cases?
  • What are legal theories and effective defense tactics used in recent cases?
  • What is the extent of fiduciary duty liability under ERISA after recent cases involving plan transactions?
  • Other cases and their impact on plan sponsors and administrators