Employee Benefits Litigation - CLE, Continuing Legal Education - ALI CLE.org
Employee Benefits Litigation
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Shipped to you: Printed Coursebook | MP3 CD-ROM | DVD Video

Available Online: Online CLE | Coursebook

Why You Should Attend

Employee benefits litigation has been exploding in both numbers and significance since the enactment of ERISA over 35 years ago. In this accredited CLE program from ALI CLE, a diverse panel of leading attorneys representing plaintiffs and defendants will lead the discussions, examining both substantive and procedural issues that are unique to benefits litigation practice.


This course includes one full hour of CLE ethics credits. A full hour will be devoted to ethics and privilege issues arising in employee benefits litigation.

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What You Will Learn

The faculty will provide a comprehensive overview of the substantive and procedural issues arising in litigation involving benefit claims, fiduciary breaches, and substantive requirements of ERISA. In addition, separate sessions of this continuing legal education program will address recent high-profile cases raising controversial topics, from both the plaintiff and defense perspectives.


  Topics include:

Benefit Claim Litigation

Fiduciary Litigation

Preemption Litigation

Reporting and Disclosure Litigation

Civil Procedure Under ERISA

Medical Benefit Plan Litigation, including Retiree Medical and COBRA

Discrimination and Retaliation Litigation, including Section 510

Plan Design Claims, including Cash Balance Plans

Recent Supreme Court Decisions (Health Care Reform)

Trends in Employee Benefit Class Actions

Remedies After Amara

ERISA Litigation Arising From Corporate Transactions

Discovery Disputes

Family Law Disputes

Ethics and Privilege Issues Unique to Benefits Litigation Practice

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Who Should Attend

Plaintiffs and defense lawyers with experience in benefits litigation should take this course. In addition, the first morning will provide the fundamentals of benefits litigation for legal professionals wishing to expand their practice to incorporate benefits issues.


In-house counsel and consultants also will find this course valuable for minimizing their exposure to benefit claims and high-stakes litigation.

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Planning Chairs

Deidre A. Grossman, Littler Mendelson, P.C., New York, (also on faculty)

Susan Katz Hoffman, Littler Mendelson, P.C., Philadelphia (also on faculty)

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Carol Connor Cohen, Arent Fox, LLP, Washington, D.C.

Ronald Dean, Law Offices of Ronald Dean, Pacific Palisades, California

Theresa S. Gee, O’Melveny & Myers LLP, Washington, D.C.

Karen L. Handorf, Cohen Milstein Sellers & Toll PLLC, Washington, D.C.

Thomas G. Moukawsher, Moukawsher & Walsh LLC, Groton, Connecticut

Brian T. Ortelere, Morgan, Lewis & Bockius LLP, Philadelphia

Michael J. Prame, Groom Law Group, Chartered, Washington, D.C.

Teresa Renaker, Lewis, Feinberg, Lee, Renaker & Jackson, P.C., Oakland

Michael J. Salmanson, Salmanson Goldshaw, P.C., Philadelphia

Ilyse W. Schuman, Littler Mendelsohn, P.C., Washington, D.C.

Michael A. Wolff, Schlichter, Bogard & Denton LLP, St. Louis


ALI CLE Program Attorney, Kevin O’Connor (koconnor@ali-cle.org)

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Program Schedule

Thursday, December 6, 2012

8:00 a.m. Registration and Continental Breakfast

8:55 a.m. Welcome and Announcements – ALI Staff

Video Webcast Segment A: ERISA Litigation Bootcamp - $329

9:00 a.m. Basics of Benefit Claim Litigation– Mr. Salmanson

Claims procedure and exhaustion

Standard of review

Claims and remedies (basic)

10:00 a.m. Basics of Fiduciary Litigation – Ms. Cohen and Mr. Moukawsher

Who is a fiduciary

Elements of the claim

Damages (basic)

10:45 a.m. Networking and Refreshment Break

11:00 a.m. Basics of Preemption Litigation – Mss. Gee and Handorf

Statutory structure of preemption provision

History of Supreme Court preemption cases

11:45 a.m. Basics of Reporting and Disclosure Litigation – Mr. Prame and Ms. Renaker

Types of claims that may be brought

Requesting and responding to disclosure demands

Penalties under ERISA

12:30 p.m. Lunch Break

Video Webcast Segment B: ERISA Litigation Basics/Overviews - $329

1:45 p.m. Civil Procedure in ERISA Cases – Messrs. Dean and Ortelere

Available claims under ERISA

Removal and Remand

Appropriate plaintiff parties, appropriate defendants, standing

Affirmative defenses (e.g., statute of limitations), jury trials

Remedies (basics)

3:15 p.m. Networking and Refreshment Break

3:30 p.m. Litigation Arising from Medical Benefit Plans Ms. Cohen and Mr. Salmanson


Provider claims and payment disputes between plans and providers – preemption and assignment issues

Retiree Medical Benefit Litigation

4:30 p.m. Section 510 Claims – Mr. Dean and Ms. Grossman

5:00 p.m. Plan Design Claims– Ms. Hoffman and Mr. Moukawsher

Cash Balance Plans

Other vesting/accrual-related claims

Other ADEA claims

5:45 p.m. Adjournment for the Day; Networking Reception for Registrants and Faculty

Friday, December 7, 2012

8:30 a.m. Networking Session and Continental Breakfast

Webcast Segment C: Hot Topics in ERISA Litigation - $329

9:00 a.m. Affordable Care Act (Supreme Court Decision) – Mss. Hoffman and Schuman

9:30 a.m. Trends in Class Action Cases – Stock Drop, Fee Litigation and Misclassification/FLSA Claims - Messrs. Ortelere and Wolff

Class certification

Managing and settling a class claim

Substantive holdings in stock drop and fee litigation

Misclassification and FLSA/Wage Hour Disputes/p>

10:45a.m. Networking and Refreshment Break

11:00 a.m. Remedies – Misrepresentations, Subrogation, and Scriveners Errors afterAmara – Mss. Grossman and Renaker and Messrs. Moukawsher and Prame

Misrepresentation litigation

Subrogation litigation

Reformation and other scriveners error litigation

12:00 noon Lunch Break

Webcast Segment D: More Hot Topics - $329

1:15 p.m. ERISA Litigation Arising from Corporate Transactions - Mss. Gee and Hoffman

Halliburton, Sterling, and Shaver

Successor Liability – Ruberton (multiemployer plan obligations) and Newell Window (retiree medical)

2:00 p.m. Discovery Disputes – Mss. Grossman and Renaker

Moving beyond the administrative record post-Glenn

The use of depositions in benefit claim litigation

2:45 p.m. Family Law Disputes – Mr. Dean

3:15 p.m. Ethics - Mss. Handorf and Hoffman and Mr. Wolff

4:15 p.m. Adjournment

Total 60-minute hours of instruction: 12.75 hours including one hour of ethics

Suggested Prerequisite: Limited experience in legal practice in subject matter or completion of Basic CLE Course in subject matter

Educational Objective: Maintenance of professional competence as a practitioner; Provision of information on recent legal developments

Level of Instruction: Intermediate

Click Here for MCLE Credit Information

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