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ERISA Class Action Developments: Unravel the Mysteries of Retirement Plan Mismanagement


Level: Advanced
Runtime: 58 minutes
Recorded Date: October 18, 2022
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Agenda

Key topics include:
  • New pleading standards for defined contribution excessive fee cases in the wake of Hughes v. Northwestern
  • Challenges to Standing in Defined Contribution Plan Cases
  • How the Fiduciary Exception Complicates Retirement Plan Mismanagement Cases
  • How Government Privileges Apply in Retirement Plan Mismanagement Cases involving the US. Department of Labor
  • The Use of Arbitration Clauses to Defeat Class Action Claims in Defined Contribution Plan Litigation
  • The Use of Venue Clauses to Limit Class Action Claims in Defined Contribution Plan Litigation
Runtime: 1 hour
Recorded: October 18, 2022

For NY - Difficulty Level: For experienced attorneys only (nontransitional)
For NY - Difficulty Level: Experienced attorneys only (non-transitional)

Description

The recent months have seen the significant increase in the number of Employee Retirement Income Security Act, as amended (ERISA), class action filings concerning the alleged mismanagement of 401(k), 403(b and Employee Stock Ownership Plans (ESOPs). As court rulings continue to emerge and reshape the regulatory landscape, it is imperative for plan sponsors and fiduciaries to revisit their existing ERISA plans to ensure compliance. Likewise, they should stay updated with any developments in this field of law to avoid potential liability risks.

Join distinguished ERISA litigators Jonathan Sulds (Greenberg Traurig, LLP) and David R. Johanson (Hawkins Parnell & Young LLP) as they provide a comprehensive discussion of the retirement plan mismanagement issues that could result in ERISA class action. Speakers, among other things, will also offer critical strategies in facing the current tidal wave of fees and litigation.

This program was recorded on October 18, 2022.

Provided By

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Panelists

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David R. Johanson

Partner
Hawkins Parnell & Young LLP

David assists clients in general corporate matters and in employee ownership, benefit, ERISA, and related business matters, with an emphasis on executive compensation, equity incentive plans, non-qualified deferred compensation, employee stock ownership plans (ESOPs), ESOP transactions, mergers and acquisitions (and related tax planning), and business succession and estate planning. David has served as outside general counsel to numerous corporate clients over the past 36 years. He also frequently appears on behalf of clients in business and employment-oriented defense litigation in state and federal courts throughout the country, and before regulatory agencies (e.g., U.S. Department of Labor, Internal Revenue Service, etc.).

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Jonathan L. Sulds

Shareholder
Greenberg Traurig, LLP

Jon’s record of consistently achieving client objectives in his labor and employment practice has earned him a spot in Lawdragon’s Hall of Fame, designation as a Benchmark Litigation Labor & Employment Star, and repeated listings in Chambers, Best Lawyers, Super Lawyers, and The Legal 500. In the independent contractor/worker misclassification realm, his notable published victories include Hertz v. C’mmr of Labor, 2 N.Y. 3d 733(unemployment), Montesano v. Xerox, etc., 265 F.3d. 86 (ERISA), and Davenport v. Harry N. Abrams, 249 F.3d 130 (ERISA). A cum laude graduate of Harvard Law School, Jon is a shareholder at Greenberg Traurig LLP; from 2010-2018, Jon co-chaired the firm’s Global Labor and Employment Practice which was twice named a Law360 Group of the year during his tenure.

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