05/08/14 - ERIC Legal Committee Meeting


Thursday, May 8, 2014 (10am - 3pm US/Eastern)


Register Now for ERIC’s Legal Committee Meeting

All ERIC Members Interested in Litigation and Legal Issues Are Invited and Encouraged to Attend.

Meeting Location:

Offices of Miller & Chevalier
655 Fifteenth Street NW, Suite #900
Washington, DC 20005

Litigation and other legal issues are unfortunately at the forefront of benefit plan sponsor concerns. Potential for significant liability has grown in recent years because of a number of Supreme Court and appellate court decisions. The Department of Labor (through the Solicitor’s Office) has taken an active role in filing amicus briefs and pursuing oral argument opportunities, while pushing its views to substantially expand sponsor and fiduciary litigation exposure and liability risks.

The sponsor community must remain diligent and active in fostering a reasonable interpretation of the ERISA fiduciary, disclosure, benefit claim and related rules. To that end, we have scheduled an ERIC Legal Committee meeting to discuss recent issues, foster the development of appropriate interpretations, and explore protective steps to mitigate some of the emerging risks.

We will be joined by representatives of some of our law firm members. We appreciate Miller & Chevalier for hosting the meeting, as well as the participation of Epstein Becker Green as panelists.

Our meeting will have an open forum discussion among members attending, as well as panel presentations by several of our participating law firm members. Discussions will include recent developments regarding claims procedures, the fallout from the Amara v. Cigna Supreme Court decision, and the issues and risks of other recent litigation and legal issues (e.g., fees disputes, employer shares funds, and preemption).

ERIC Legal Committee Meeting Agenda

May 8, 2014

10:00 AM to 3:00 PM

9:30 – 10:00 AM Refreshments & Registration

10:00 – 10:15 AM Introduction

10:15 – 11:30 AM Benefit Claims: Risks, Traps and Dealing with Litigation

• Anthony F. Shelley, Member of Miller & Chevalier and Chair of the firm’s Executive Committee
• John Houston Pope, Member of Epstein Becker Green, Employee Benefits, Litigation, and Labor and Employment Practices
• Debra Davis, Vice President, Benefits, The ERISA Industry Committee

Although there are detailed ERISA regulations regarding claims procedures, there are many issues and emerging interpretations that can result in liability or invitations to the court house if not recognized and addressed. The panel will focus on identifying these issues and offering practical solutions for dealing with them. The panel will also address how to ensure a federal forum when a claim might reach a court, to limit discovery in court as much as possible, and to ensure deference to plan decisions in litigation.

11:45 AM – 1:30 PM The Post-Amara Landscape & Lunch

• Michael N. Khalil, Counsel, Miller & Chevalier
• Kenneth J. Kelly, Member of Epstein Becker Green and Co-Chair of the firm’s National Litigation Steering Committee
• Scott Macey, President and CEO, The ERISA Industry Committee

Understanding the currently expanding ERISA equitable remedies is critical to the effective and efficient operation of benefit plans and to disclosure issues associated with benefit plans. Sponsors and fiduciaries are now exposed to increasing risks of litigation and liability, both with respect to individual claims and the threat of broad class actions. This open discussion, facilitated by our panelists, will discuss these risks, the latest developments, some possible protective steps, and member concerns during lunch.

1:45 – 3:00 PM Major Cases and Threats at the Supreme Court and the Circuits

• Anthony F. Shelley, Member of Miller & Chevalier and Chair of the firm’s Executive Committee
• Alan I. Horowitz, Member of Miller & Chevalier
• Scott Macey, President and CEO, The ERISA Industry Committee
• Debra Davis, Vice President, Benefits, The ERISA Industry Committee

Panelists will review the latest developments and fallout from major and emerging cases at the Supreme Court and the various circuits. Discussion topics will include 401(k) fee disputes, ESOP and 401(k) employer stock drop cases, preemption, and other current noteworthy cases.

We urge you to attend this meeting to learn about the latest ERISA litigation. As always, the Legal Committee meeting is at no additional cost to ERIC members.

Additionally, our meeting is the day before the American Bar Association’s (ABA) Section of Taxation (Employee Benefits Committee) 2014 May Meeting, also in Washington, DC. We have arranged for discounted attendance fees at the ABA meeting if you would like to attend their May 9 and/or 10 sessions and are not currently a member of the ABA, or if you are a member of the ABA, but not a member of the ABA’s Tax Section. Contact Adreanne Cooper (acooper@eric.org) at the ERIC office to arrange for the discounted fees to attend the ABA meeting.

To register for the meeting, click on “Register Now” at the top of this page and follow the directions (you will need your username and password).

If you have any questions, please contact the ERIC office at 202-789-1400.