ERISA Litigation Hot Topics MP3
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ERISA Litigation Hot Topics MP3

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Product Code: 5470740MP3
October 16, 2009: October 2009
Running Time: 90 minutes
Credit Hours: 1.5
Ethics Hours: 0
Sponsoring Entities: Business Law Section, Joint Committee on Employee Benefits, Health Law Section, Section of Labor and Employment Law, Section of Real Property, Trust and Estate Law, Section of Taxation, Tort Trial and Insurance Practice Section
Topics: Employee Benefits, Labor & Employment Law, Litigation, Taxation
Format: Audio Download - 5470740MP3
Pricing: $150.00 (Regular)
Product Description

ERISA jurisprudence continues to evolve and change in the areas of both benefit claims and fiduciary breach litigation. The current state of the rapidly developing ERISA case law is of vital importance for both litigators and ERISA counselors who write and shape plan language and counsel fiduciaries prior to litigation. With respect to benefit claims, the Courts of Appeals are now applying the 2008 Supreme Court holding in MetLife v. Glenn to define further the arbitrary and capricious standard of review and whether discovery should occur if a conflict of interest exists. Given the Supreme Courts grant of certiorari in Conkright v. Frommert, addressing deference to plan administrators, these benefit claim decisions become more important for litigators and plan counselors. In addition, new case law has addressed the enforceability of limitation periods established in the plan documents. Regarding fiduciary breach claims, recent rulings in stock drop, fee disclosure, and class action (404(c) defense) cases, continue the rapid evolution in the ERISA landscape for plaintiffs, defendants, fiduciaries, plan administrators, and ERISA counselors. The program addressed these issues:

*How post-Glenn decisions will impact plan claims administration
*The scope of discovery in benefit claims cases Post-Glenn
*Statute of Limitations  enforceability of a plans limitation period
*A preview of Conkright v. Frommert
*Fiduciary breach cases: stock drop, fee disclosure, and other class actions
Materials Include

" ERISA Litigation Hot Topics Outline (with case citations) by Mark DeBofsky and Kay Kyungsun Yu
" Update on ERISA Claims Administration and Litigation Power Point by Denise M. Clark, Yolanda Montgomery, Barry S. Slevin and Kay Kyungsun Yu
" Employer Stock Cases - Power Point by Howard Shapiro, Brian S. Neulander and Kara L. Lincoln, Proskauer Rose LLP
" Class Action Issues - Power Point by Howard Shapiro, Brian S. Neulander and Kara L. Lincoln, Proskauer Rose LLP
" Articles from the Chicago Daily Law Bulletin by Mark D. DeBofsky, Daley, DeBofsky and Bryant
o 9th Circuit Ruling Provides Greater Protection of Benefits, October 5, 2009
o Clarity Needed on Contractual Periods of Limitation, September 21, 2009
o Ruling Clairifies Contractual Limitations Periods, August 31, 2009
o Ruling Affirms Glenn's Impact on Standard of Review, May 18, 2009
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