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Breach of Fiduciary Duty Class Actions: Avoiding and Defending Claims Against Companies and Fiduciaries

Jul 25, 2017

Speaker(s)

This CLE webinar, hosted by Strafford, will provide guidance to counsel for plan fiduciaries and companies on avoiding and defending ERISA class action claims that allege breach of fiduciary duty related to the selection and administration of investment plans. The panel will discuss the latest class action trends, analyze key substantive and procedural issues addressed in recent court rulings, and outline effective strategies for defending and avoiding class claims.

Class actions against pension plan fiduciaries and companies alleging breach of fiduciary duty under ERISA are on the upswing since the U.S. Supreme Court’s 2015 Tibble v. Edison Int’l ruling. Allegations range from failure to consider lower cost products, to excessive fees, to using inappropriate benchmarks to give the appearance that investment options were competitively selected. Plaintiffs in these cases seek millions of dollars in damages.

ERISA class action litigators must keep abreast of emerging and evolving theories of liability in these cases and case law developments addressing substantive and procedural issues in order to effectively defend fiduciaries and companies. Counsel should also advise fiduciaries and companies on best practices to minimize claims.

Listen as a panel of employee benefits attorneys, including Mayer Brown’s Nancy Ross, explains current trends in ERISA breach of fiduciary duty class action litigation, discusses effective strategies for defeating class certification, and addresses steps plan fiduciaries and companies should take to avoid and reduce the likelihood of ERISA breach of fiduciary duty litigation.

The panel will review these and other key issues:

  • What are the latest trends regarding ERISA breach of fiduciary duty class action lawsuits?
  • How are courts addressing ERISA class action lawsuits alleging breach of fiduciary duties?
  • What strategies have proven effective for counsel for defending ERISA class action claims at certification and trial?
  • How can plan fiduciaries and companies proactively minimize the risk of being a target of an ERISA breach of fiduciary duty class action?

For more information, please visit the event website.