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Voluntary Benefits and ERISA Fiduciary Litigation: Recent Class Action Lawsuits, Next Steps for Sponsors and Brokers

BARBRI

Mar. 24, 2026
On-Demand
Webinar

This CLE webinar will provide employee benefits counsel, plan sponsors, and advisers an in-depth analysis of recent ERISA class action lawsuits regarding voluntary benefits programs and fiduciary liability. The panel will discuss recent ERISA class actions challenging voluntary benefits, safe harbors, and exemptions; fiduciary liability and risks for plan sponsors and brokers; and key issues stemming from recent class actions.

Description

The recent wave of ERISA class action lawsuits focused on voluntary benefit programs has plan sponsors, consultants, and brokers on edge. These class action lawsuits will significantly impact group health and welfare plans and address excessive fees, hidden costs, and fiduciary liability. Employee benefits attorneys and litigators must identify challenges and opportunities to avoid or minimize claims against fiduciaries and plan service providers.

Voluntary benefits are an addition to other employee benefits covering accident, critical illness, and hospital indemnity coverage, offered on a voluntary basis and are paid by employees. Generally, these benefits are usually excluded from the definition of an "employee welfare benefit plan" or fall under the safe harbor exemption if certain conditions are met. However, new class action lawsuits have opened the door to the possibility of these plans being considered "ERISA plans" subjecting sponsors, brokers, and consultants to potential fiduciary liability.

ERISA counsel and plan fiduciaries must keep abreast of these emerging and evolving theories of liability, as well as case law developments addressing substantive and procedural issues to effectively defend fiduciaries, brokers, and companies.

Listen as our panel discusses recent ERISA class actions challenging voluntary benefits, available safe harbors and exemptions, fiduciary liability, and risks for plan sponsors and brokers.

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