ERISA Boot Camp
February 13, 2008 - Orlando
2:00PM – 5:00PM by Nicole A. Diller & Michael J. Salmanson

2:00PM – 3:15PM

Exhaustion of Plan Remedies

1. Reasonable Claims Procedure
2. Minimum Requirements in Department of Labor Claim
3. The Exhaustion Requirement
4. Regulations
   1. General Provisions
   2. Group Health Claims
   3. Initial Claim Benefits
   4. Appeal of Initial Claim
5. Adequacy of Plan Denial Letters: A Case Study
   1. Notification of Initial Denial
   2. Notification of Denial or Appeal

3:15PM – 3:30PM

Coffee Break

3:30PM – 4:45PM

Litigation of Benefit Claims

1. Standard of Review
   1. Supreme Court Guidance
   2. Differences among the Circuits
2. Conflict of Interest Case Law
   1. Supreme Court Guidance
   2. Differences among the Circuits
3. Case Study: Sample Claim Litigation from Complaint through Trial Brief

4:45PM – 5:00PM

Questions and Answers

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DAY ONE
8:00AM – 5:00PM, Including Breakfast, and Luncheon
5:00PM – 6:00PM Networking Reception Sponsored by Jenner & Block LLP

8:00AM – 9:00AM

Registration & Breakfast

9:00AM – 9:05AM

Introduction and Benefit Claims Litigation Welcome

9:05AM – 9:25AM

The Year in Review – The 10 Key Cases

9:25AM – 11:00AM

Benefit Claim Litigation

• Basic Claims Under ERISA
• The Claims Review Process
• The Exhaustion Requirement
• Judicial Review of Claims Decisions

11:00AM - 11:15AM

COFFEE BREAK

11:15AM – 12:00PM

Misrepresentation and Other Claims for Benefits

• Miscommunication and Non-Disclosure
• Claims for Breach of Fiduciary Duty
• Estoppel and Other Theories

12:00PM – 1:00PM

LUNCHEON Sponsored by Winston & Strawn

1:00PM – 2:00PM

ERISA Remedies: La Rue and Beyond

2:00PM – 2:45PM

Premption and Managed Care Litigation

• The Edges of ERISA Preemption
• States Continuing Attempts to Regulate Managed Cared

2:45pm – 3:00pm

COFFEE BREAK

3:00pm – 3:30pm

Layoffs, Shutdowns and Benefit Cutbacks

• Section 510
• Retiree Health Benefits
• Severance Benefits

3:30PM – 4:00PM

Claims Involving Welfare Plans

• Disability Claims
• COBRA

4:00PM – 4:30PM

Cash Balance Plans

4:30PM – 5:00PM

Statutory Pension Claims

• Anti-Cutback Claims
• Section 204(h)
• Partial Termination
• Section 502(c) Penalties

5:00PM – 6:00PM

NETWORKING RECEPTION SPONSORED BY JENNER & BLOCK LLP

DAY TWO
9:00AM – 1:30PM

8:00AM – 9:00AM

Breakfast

9:00AM – 9:30AM

Curent Developments in Fiduciary Litigation

9:30AM – 10:00AM

Department of Labor Litigation

10:00AM – 10:30AM

Risk Management and Fiduciary Insurance Coverage

10:30AM – 10:45AM

COFFEE BREAK

10:45AM – 11:15AM

Employer Stock Cases

11:15AM – 11:45AM

401(k) Fee Cases

11:45AM – 12:30PM

ERISA Class Actions and Attorney Fee Issues

• Class Actions
• Fee Issues

12:30PM – 1:30PM

Ethics and Privilege Issues Under ERISA

1:30PM

ADJOURN