Trends and Updates in ERISA: Critical Issues and Best Practices in Light of Recent Cases

Knowledge Group

The fiscal year 2020 continues to be a dynamic year for employee retirement plans as changes and cases continue to shape the area. Primarily, the U.S. Supreme Court agreed to review three cases relating to the Employee Retirement Income Security Act (ERISA), which involves a range of significant issues. Whereas at the circuit court level, several high-profile lawsuits are emerging that could attract the attention of judges.

With the emerging changes and regulations, critical risks and challenges are expected to arise. And these challenges are expected to be exacerbated by the Coronavirus (COVID-19) pandemic that is escalating recession fears and drawing comparisons to the Global Financial Crisis.  

Listen as ERISA litigators Jahnisa Tate Loadholt (Alston & Bird) and Jason S. Cowart (Zuckerman Spaeder) provide the audience with an in-depth analysis of the recent developments in the Employee Retirement Income Security Act (ERISA). As experts, they will also provide practical tips and effective strategies to mitigate potential issues and pitfalls brought by an ever-evolving body of case law.

Key Issues:

• Employee Retirement Income Security Act – Enforcement Review
• Trends, Updates, and Recent Developments
• Notable Court Decisions and Cases
• Enforcement Plans and Significant Changes
• Critical Risks, Issues, and Challenges
• COVID-19 Implications
• Tips and Strategies
• Outlook

Your employee stock ownership plan (ESOP) and COVID-19 – perspectives from the plaintiffs’ and defense bar about what you should be doing to protect your ESOP as the COVID-19 recession looms:

• What must you disclose: Retirement Plans Comm. of IBM v. Jander (Supreme Court)
• Practical considerations for complying with your fiduciary obligations within the bounds of securities laws.
• What steps should you take, if any, to limit information available to ESOP fiduciaries?
• COVID-19 implications

Excessive Fee cases:

• Plaintiffs continue to file these cases.
• Disparate decisions leave more questions than answers.
• Assessing “actual knowledge:” Intel Corp. Inv. Policy Comm. v. Sulyma (Supreme Court)

What does it take to be an ERISA fiduciary?:

• Analyzing your service agreements to determine if you are functioning as a fiduciary.
• Teets v. Great-West Life & Annuity Ins. Co. (10th Circuit) vs. Rozo v. Principal Life Ins. Co. (8th Circuit)
• What are your fiduciary duties in light of COVID-19?
• How does this apply to your health and welfare fund?

Arbitration:

• Dorman v. Charles Schwab Corporation (9th Cir.)
• What does this mean for ERISA class-action litigation?

Speakers:

• Jahnisa Tate Loadholt, Senior Attorney, Alston & Bird LLP
• Jason S. Cowart, Partner, Zuckerman Spaeder LLP

More Information, How to Register