ERISA Litigation: What Benefits and Other Professionals Need to Know

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In This Presentation:

- Stephens v. Citation Corp. (N.D. Ala. 2010) (Acker, J.)

- Erisa Topics Today

- ERISA Preemption: Good or Bad?

- Provident Internal Memorandum re: ERISA, Oct. 2, 1995

- Provident Internal Memorandum re: ERISA, Oct. 2, 1995 (typed)

- Why Does ERISA Favor Employers in Litigation?

- What Does ERISA Preempt?

- Unexpected ERISA Preemption

- Williams v. Wright (11th Cir. 1991)

- Types of ERISA Claims

- Who is an ERISA Fiduciary?

- What are ERISA Fiduciary Duties?

- Tussey v. ABB (8th Cir. 2014) (excessive 401k fees)

- Tibble v. Edison International (9th Cir. 2013) (401k fees)

- Fifth Third Bancorp. v. Dudenhoeffer (6th Cir. 2012) (employer stock)

- Rochow v. Life Ins. Co. of N. Am. (6th Cir. 2013) (damages)

- Attorney-Client Privilege What Law Applies?

- Fiduciary Exception to the Attorney-Client Privilege

- Fiduciary Exception Limitations

- Fiduciary Exception to the Attorney-Client Privilege

- Miscellaneous Employee Benefits Issues?

- Excerpt from Fiduciary Exception Limitations:

Mutual vs. Divergent Interests At final administrative decision: Agreeing with weight of authority, not until after the final administrative appeal do interests of claim fiduciary and beneficiary diverge for purposes of fiduciary exception Stephan v. Unum Life Ins. Co. of America (9th Cir. 2012)

Please see full Presentation below for more Information.

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Topics:  Attorney-Client Privilege, Employee Benefits, Employer Liability Issues, Employer Mandates, ERISA, Fiduciary Duty, Fiduciary Liability, Hiring & Firing, Preemption

Published In: Business Torts Updates, Civil Procedure Updates, Conflict of Laws Updates, Finance & Banking Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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