ERISA Fiduciaries, Data Privacy, and Cybersecurity Risks: Recent Litigation, HIPAA, ERISA Preemption

BARBRI

This CLE course will provide guidance to employee benefits counsel on trends in data breaches for ERISA healthcare and retirement plans, lessons from recent litigation, ERISA fiduciary obligations, ERISA preemption of state data breach laws, and contractual risk mitigation with third-party administrators (TPAs).

Description

Data breach prevention and response is an increasingly serious issue for many industries. Recent data breaches affected employers and health plans nationwide, confirming that health plans and insurers are not immune. Plan sponsors and fiduciaries must take great care to comply with complex regulations that differ based on the type of plan involved.

Unlike the liability for breaches of healthcare plans where the standards and liability are more certain (e.g., HIPAA), the standards and liability under ERISA for retirement benefit plans are becoming more conclusive. Recent litigation over the past couple of years has focused on whether ERISA fiduciaries have a fiduciary duty to take reasonable measures to prevent data breaches. Since the liability for violations of ERISA fiduciary duties is personal to the individual fiduciary, it's imperative that ERISA counsel grasp a complete understanding of fiduciary rules under ERISA and their application regarding data privacy and cybersecurity.

Listen as our panel provides guidance to benefits counsel on trends in data breaches of ERISA healthcare and retirement plans. The panel will review the recent litigation, discuss the scope of fiduciary obligations to prevent breaches, ERISA preemption of state data breach laws, and contractual risk mitigation with TPAs.

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