ERISA Benefits Litigation: From Pilot Life and Firestone to Glenn -- Where Are We Now?
Why Attend?
ERISA has been a source of confusion and frustration since it was signed into law 34 years ago. While many attorneys and plan administrators have a general idea of what ERISA is all about, knowing whether a specific claim is covered is another story. ERISA has continually confused employers, employees, and attorneys alike. Because the employer is often the one to decide whether to cover, and subsequently pay an ERISA claim, the granting of such claims is often delayed or blocked because of the inherent conflict of interest and potential abuse of discretion. Very good lawyers who do not understand the unusual tricks of the ERISA trade may go in the wrong direction when advising clients. Taught by a group of experienced plaintiffs’ and defense counsel, this three-hour video webcast is designed to clear up that confusion and arm you with the knowledge and practice pointers you can use immediately.
What You Will Learn
Topics include:
* How far we’ve come: From Pilot Life Insurance Co. v. Dedeaux and Firestone Tire & Rubber Co. v. Bruch to Metropolitan Life Ins. Co. v. Glenn
* The “nuts and bolts” of handling an ERISA claim:
Causes of action
Types and bases of claims: the difference between a benefit and a fiduciary claim; claims under the plan document vs. under the summary plan description; estoppel-based claims; third-party claims
§510 discriminatory discharge or retaliation
Standard of review
Exhaustion of administrative remedies
* Health care claims:
COBRA
Subrogation
"Unusual and customary,” “experimental,” and “medically necessary”
Pharmacy Benefit Manager (PBM) litigation
State regulation of health plans: Savings clauses, Rush Prudential, and Davila
* Executive compensation and severance disputes:
Top Hat plans
Defining the “triggering” event
Reporting requirements
Who Should Attend
The course is designed primarily for attorneys handling litigation involving employee benefit plans and their sponsors, fiduciaries, service-providers, and insurers. It also is valuable to corporate lawyers assessing ERISA litigation, non-ERISA specialists who handle occasional ERISA issues, and non-lawyers who must consider the implications of threatened or possible employee benefits litigation.
Planning Chair
Ronald Dean, Law Offices of Ronald Dean, L.C., Pacific Palisades, California
Faculty
Elizabeth J. Bondurant, Smith Moore Leatherwood LLP, Atlanta
Deidre A. Grossman, Proskauer Rose LLP, New York
Susan Katz Hoffman, Littler Mendelson P.C., Philadelphia
Scott M. Riemer, Riemer & Associates, LLC, New York
John L. Utz, Utz Miller Kuhn & Eickman LLC, Overland Park, Kansas
For group tuition discounts, click on the Registration link at top and register online at the discounted rates; for assistance, contact Ruth Johnson (rjohnson@ali-aba.org).
Program Schedule
All times Eastern Standard
12:00 noon Outline of Recent Key Benefits Claims Decisions – Ms. Bondurant
12:15 pm Procedural Nuts and Bolts – Ms. Grossman and Mr. Riemer
1:00 pm Substantial Benefit Claims – Ms. Grossman and Mr. Riemer
1:45 pm Break
2:00 pm Health Care Litigation – Ms. Hoffman and Mr. Utz
2:30 pm Executive Compensation and Severance Benefit Disputes – Ms. Hoffman and Mr. Utz
3:00 pm Questions and Answers
3:15 pm Adjournment
Total 60-minute hours of instruction: 3.0
Level of Instruction: Intermediate
Times
Eastern 12 noon - 3:15 pm
Central 11 am - 2:15 pm
Mountain 10 am - 1:15 pm
Pacific 9 am - 12:15 pm
Alaska 8 am - 11:15 am
Hawaii 7 am - 10:15 am
