Litigation Considerations for Benefits Counsel
In this webinar, we will discuss current litigation issues about which all benefits counsel should be aware, including:
- The use and enforceability of exclusive venue provisions in Plan documents.
- The pros and cons of including arbitration provisions and class action waivers in Plan documents or separate agreements.
- Drafting considerations for venue provisions, arbitration clauses, and class action waivers.
- The DOL’s current stance on indemnification agreements for fiduciaries, especially in the context of ESOP-owned companies.
Who Should Attend: HR/Benefits Specialists, Legal Counsel
- Develop an appreciation for current litigation trends and how carefully drafted plan provisions may help to address common litigation concerns including forum shopping by plaintiffs’ counsel, the upsurge in ERISA class action cases, and protecting Plan fiduciaries from meritless litigation.
Todd D. Wozniak
Holland & Knight
Todd leads the Atlanta office’s ERISA Litigation Team. He defends plan sponsors, fiduciaries and service providers throughout the United States in Employee Retirement Income Security Act of 1974 (ERISA), employee stock ownership plan (ESOP), health and welfare plan, and business disputes. Mr. Wozniak has defended dozens of class or collective actions and tried more than 40 cases or arbitrations to verdict. He is a frequent lecturer and writer on a wide range of ESOP, employee benefits, employment and business-related issues, including ERISA compliance and preemption, U.S. Department of Labor (DOL) audits and investigations, pre-dispute arbitration agreements and programs, class action defense, and eDiscovery.
Partner and Trial Attorney
Holland & Knight
Throughout his career, Mr. Burriss has litigated complex commercial disputes throughout the United States, serving as counsel to global clients in all aspects of litigation. He has extensive experience representing healthcare and managed care companies, trustees, fiduciaries, plan sponsors, and valuation professionals in matters arising under the Employee Retirement Income Security Act (ERISA). In addition to matters involving ERISA, Mr. Burriss has served as trial counsel in numerous complex commercial matters, including class actions, internal investigations, criminal and civil antitrust matters, and shareholder disputes. He has represented clients in state and federal courts, regulatory proceedings, government investigations, as well as U.S. and international arbitrations.
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Season Pass Members receive 4 individual logins to every webinar
Participants will earn 1.0 CPE credit
Field of Study: Specialized Knowledge
Prerequisites: Knowledge of the Full Credit Bill Rule
Advanced Preparation: None
Program Level: Intermediate
Delivery Method: Group Internet Based
Refunds and Cancellations: Webinar registrations are non-refundable. If the registrant is unable to attend the designated time and date of the webinar, a playback link and any written materials will be provided within 2 business days following the conclusion of the webinar
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