Litigating ERISA Claims (#48995CDRA)

If an employer follows ERISA to the letter, plan administration should be easy as pie, right? But what if the fiduciaries have been unwise in managing the plan assets? What if a merger has allegedly violated provisions of ERISA? Gain the actionable techniques to help you skillfully navigate the legal system and protect your client's rights. Get answers to your most challenging questions on the process and strategy of ERISA litigation. Order today!

1. Legislative and Case Law Update
2. Employee Benefits Claims Litigation
3. Subrogation and Plan Reimbursement Claims
4. Fiduciary Liability Litigation
5. Class Action Suits
6. Mediation, Damages and Equitable Remedies
7. Ethical Dilemmas

Legislative and Case Law Update
9:00 - 9:45, Jillian Folger-Hartwell

• The Effect of the Pension Protection Act on ERISA Litigation
• Current Case Law
• New Trends in ERISA Preemption

Employee Benefits Claims Litigation
9:45 - 10:30, Brooks R. Magratten

• Types of Claims and Substantive Issues
  (Including: benefits denial, benefit discrimination, termination/modification of health and welfare benefits for active and retired employees, benefits in the events of company bankruptcy, COBRA litigation, health care, and more)
• Brief Overview of the Procedure
• Claims Standard of Review and Evidence
• Strategies and Tips

Subrogation and Plan Reimbursement Claims
10:45 - 11:45, Neal J. McNamara

• Common Defenders
• When Is a Subrogation Claim Plausible?
• Procedural Considerations
• Collecting the Award
• The Effect of Great West Life & Annuity Ins. Co. v. Knudson and Sereboff v. Mid-Atlantic Services. Inc., Mills v. London Grove Township and Others

Fiduciary Liability Litigation
12:45 - 1:45, Jillian Folger-Hartwell

• Causes of Action and Substantive Issues
  (Including: executive compensation, Department of Labor investigations and litigation, severance packages, misuse of plan assets by fiduciaries, etc.)
• Brief Overview of the Steps of the Procedure
• Strategies and Tips

Class Action Suits
1:45 - 2:30, Brooks R. Magratten

• Special Considerations in Dealing With Multiple Plaintiffs
• Strategies and Tips

Mediation, Damages and Equitable Remedies
2:45 - 3:40, Brooks R. Magratten

• Determining Damages and Proposing Equitable Remedies
• Using Mediation and Other Tools to Avoid Litigation

Ethical Dilemmas
3:40 - 4:30, Neal J. McNamara

• Privilege Issues in Benefits Disputes
• Avoiding Conflicts of Interest
• Using Attorney-Client Privilege in Fiduciary Controversies
• Who is Your Client?

JILLIAN FOLGER-HARTWELL is an attorney with the Providence law firm of Nixon Peabody LLP, where she concentrates her practice on both litigation and counseling. In the recent past, Ms. Folger-Hartwell's practice centered around general civil litigation with a focus on commercial law and property disputes. She is admitted to practice in Rhode Island, Massachusetts and Connecticut. Ms. Folger-Hartwell earned her B.A. degree, magna cum laude, at Stonehill College and her J.D. degree, cum laude, at Boston College. After law school, she was a law clerk to Justice Robert G. Flanders Jr. of the Rhode Island Supreme Court. During law school, Ms. Folger-Hartwell participated in the civil litigation clinic, representing clients on matters involving child custody and visitation and landlord/tenant disputes. She is a member of the Rhode Island and Massachusetts bar associations and the American Bar Association.

BROOKS R. MAGRATTEN is a partner with Pierce Atwood, LLP, practicing in the areas of commercial, insurance and products liability litigation. Mr. Magratten is the Northeast regional director of the Defense Research Institute and chairs its Life, Health & Disability Insurance Committee. He is also a member of the FDCC, IADC and PLAC. Mr. Magratten chairs the Federal Bench/Bar Committee of the Rhode Island Bar Association, is vice president of the Federal Bar Association (Rhode Island Chapter) and a fellow of the Rhode Island Bar Foundation. He is the president-elect of the Defense Counsel of Rhode Island. He earned his B.A. degree from Hamilton College, his J.D. degree from The Dickinson School of Law and his M.B.A. degree from Bryant College. He is the editor of the ABA's ERISA Survey of Federal Circuits.

NEAL J. McNAMARA is a partner with the law firm Nixon Peabody LLP, in Providence where he practices in the areas of labor and employment. He has successfully handled matters involving all major employment-related statutes, including ERISA, Title VII, the ADA, FMLA and ADEA, as well as state law employment issues, including noncompete and confidentiality agreements. At the same time, a major portion of Mr. McNamara's practice is devoted to counseling clients on a wide range of employee issues in order to prevent matters from reaching litigation. He has developed employment handbooks and policies and conducted internal investigations. Mr. McNamara regularly conducts seminars on employment law topics. He is recognized for exceptional standing in the legal community in Chambers USA: America's Leading Lawyers for Business 2007 for employment work and has been recognized in Chambers USA in previous years. Mr. McNamara earned his B.A. degree, magna cum laude, from the University of Pennsylvania, his M.A. degree from Columbia University and his J.D. degree from New York University Law School. He is a member of the board of directors for the Rhode Island Disability Law Foundation (member, vice chairman) and the Board of the Federal Bar Association of Rhode Island. Mr. McNamara is admitted to practice in Rhode Island, Massachusetts and New York.

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