The Continuing Saga of 401(k) Fee Challenges, Employer Stock Cases, Shifting Standards of Benefit Claim Review, Preemption, Fiduciary Litigation … and the Supreme Court’s Consideration of Remedies in LaRue.

The 20th Annual Conference assesses the continuing lessons from the post-Enron wave of litigation over employer stock investments in 401(k) and ESOP plans. The faculty will examine recent court rulings and the current wave of decisions addressing whether former employees who withdrew their plan balances before bringing suit have standing, an issue that will be addressed by several circuits this year.

The new wave of cases challenging fees paid by 401(k) plans and their participants for investment selections in mutual funds will be discussed, including the early decisions on Rule 12 motions addressing jury trial and legal insufficiency. The Supreme Court will have much to say on remedies in LaRue v. DeWolff, in which it will finally examine the scope of equitable relief available under ERISA against breaching fiduciaries.

We will also look at the large number of cases discussing the ever-shifting standard of review applied by a court in reviewing benefit determinations by the plan administrator, including the impact of procedural violations of the claims and
appeal regulations.

The recent crop of preemption cases will be reviewed, and the faculty will examine the seemingly endless attempts by state legislatures to regulate managed care practices.

This is the nation’s preeminent forum on ERISA issues, the place to put all the recent rulings in perspective and assess how they will impact your actions and operations in the year ahead.

Reviews of Key Cases in Emerging Areas-

• 401(k) Fee Cases: The initial returns on the new wave of cases challenging fees paid by 401(k) plans for participant selection. (Hecker v. Deere & Co., Spano v. Boeing Co.).
  
  
• Employer Stock Cases: The continuing returns on the post-Enron waive of litigation over employer stock investments in 401(k) and ESOP plans, including class certification decisions (Langbecker v. EDS Corp., Lively v. Dynegy, Inc., In re Polaroid ERISA Litig., Hill v. The Tribune Co.), Rule 12 adjudications (In re Xerox Corp. ERISA Litig., Ward v. Avaya, Inc., Agway, Inc. v. Thompson), merits decisions (Nelson v. IPALCO Enters., Inc.), and appellate decisions (Harzewski v. Guidant Corp.).
  
  
• Cash Balance Litigation: The district courts continue to split badly on the issue of whether cash balance plans are inherently age discriminatory. (Register v. PNC Fin. Servs. Group, In re JP Morgan Chase Cash Balance Litig., In re Citigroup Pension Plan ERISA Litig., Bryerton v. Verizon Communications Inc.).
  
  
• Retire Health: We will discuss the recent wave of appellate cases addressing termination or reductions in retiree health. (Wood v. Detroit Diesel Corp., Cole v. Arvinmeritor, Inc.). Premption: The courts continue to grapple with preemption issues, particularly in the health care area. (La. Health Serv. & Indemnity Co. v. Rapides Healthcare Syst., Caremark, Inc. v. Goetz, RILA v. Fielder).
  
  
• Standard of Review: Several cases this year addressed the governing standard of review and the effect of a conflict on that standard. (Werdehausen v. Benicorp Ins. Co., Denmark v. Liberty Life Assur. Co.).
  
  
• Fiduciary Exception: The scope of the fiduciary exception to the attorney-client privileged received attention this year from several cases. (In re JP Morgan Litig. Cash Balance Litig., Wachtel v. HealthNet, Inc.).

Busy Schedule! Can't Attend?

If you are busy and cannot attend the conference, we can send you the conference materials. It is simple! Just click on "Register Now" button on the left navigation bar and follow the steps to purchase the available materials:

• Audio recording plus course materials