ERISA Class Action Developments: Unravel the Mysteries of Retirement Plan Mismanagement

October 18, 2022 at 3:00pm4:00pm (EDT)

The recent months have seen the significant increase in the number of Employee Retirement Income Security Act, as amended (ERISA), class action filings concerning the alleged mismanagement of 401(k), 403(b) and Employee Stock Ownership Plans (ESOPs). As court rulings continue to emerge and reshape the regulatory landscape, it is imperative for plan sponsors and fiduciaries to revisit their existing ERISA plans to ensure compliance. Likewise, they should stay updated with any developments in this field of law to avoid potential liability risks.

Distinguished ERISA litigators David R. Johanson (Hawkins Parnell & Young) and Jonathan Sulds (Greenberg Traurig) will provide a comprehensive discussion of the retirement plan mismanagement issues that could result in ERISA class action. Speakers, among other things, will also offer critical strategies in facing the current tidal wave of fees and litigation.

Key topics include:

  • New pleading standards for defined contribution excessive fee cases in the wake of Hughes v. Northwestern
  • Challenges to Standing in Defined Contribution plan cases
  • How the Fiduciary Exception Complicates Retirement Plan Mismanagement Cases
  • How Government Privileges Apply in Retirement Plan Mismanagement Cases involving the US. Department of Labor
  • The Use of Arbitration Clauses to Defeat Class Action Claims in Defined Contribution Plan Litigation.  There are multiple cases pending – Second Circuit, Tenth Circuit, District of Arizona, etc., likely leading to the Ninth Circuit.
  • The Use of Venue Clauses to Limit Class Action Claims in Defined Contribution Plan Litigation.