ERISA Fiduciary Duty Litigation: Recent Developments and Court Rulings, Strategies for Counsel

This CLE webinar will provide ERISA counsel and plan fiduciaries an in-depth analysis of recent court cases and their impact on ERISA litigation. The panel will discuss the issues presented since the Supreme Court's decision in Hughes v. Northwestern Univ. The panel will also discuss critical challenges for fiduciaries and plan service providers and offer next steps for employers as well as best practices in preventing and litigating claims.

The U.S. Supreme Court's decision in Hughes v. Northwestern Univ. significantly impacted retirement plans and addressed excessive fees, monitoring investments, and fiduciary liability. Employee benefits attorneys and litigators must identify challenges and opportunities to avoid or minimize claims against fiduciaries and plan service providers.

In Hughes v. Northwestern Univ., the Supreme Court ruled that offering a variety of investment choices within the plan does not serve as a defense against claims that other investment options were imprudent or that the plan paid excessive fees. The Court vacated the Seventh Circuit's decision but did not speak to the plausibility of the claims at issue.

Since SCOTUS' ruling, new court cases have potentially opened the door to more litigation attempts regarding fiduciary decisions related to retirement plan administration and fees covered by ERISA. ERISA counsel and plan fiduciaries must keep abreast of emerging and evolving theories of liability, as well as case law developments addressing substantive and procedural issues to effectively defend fiduciaries and companies.

Listen as our panel discusses critical challenges for fiduciaries and plan service providers and offers next steps for employers as well as best practices in preventing and litigating claims.