May 15, 2018

Cohen Milstein’s Employee Benefits/ERISA practitioners, Michelle Yau, a Partner, and Mary Bortscheller, an Associate, will speak at the ABA Advanced ERISA Litigation National Institute on May 15-16, 2018 at the American Bar Association in Chicago, IL.

Approaching ERISA from a litigation perspective, this two day CLE program emphasizes the practical, not the theoretical. This National Institute is for litigators and benefits practitioners who wish to further their knowledge of the substantive and most recent case law.

Ms. Yau and Ms. Bortscheller will be speaking on a total of four panels, representing the plaintiffs’ perspective in each, including:

Tuesday, May 15, 2018

Class Action Litigation Strategies: Constitutional & Statutory Standing: This panel will explore the requirements under Article III and ERISA for a participant or beneficiary to have standing to sue on behalf of herself, as well as a putative class of similarly situated individuals. The panel will explore those issues in the context of both defined benefit and defined contribution plan litigation.

For the Plaintiff: Michelle C. Yau, Cohen Milstein Seller & Toll, PLLC

Class Action Litigation Strategies: Statute of Limitations: This panel will dig into issues surrounding the application of ERISA’s statute of limitations to class action benefit, statutory and fiduciary claims. What statute of limitations applies when section 413 does not? When does the statute of limitations accrue? What is a clear repudiation? What amounts to “actual knowledge” under ERISA § 413? What is fraud and concealment?

For the Plaintiff: Michelle C. Yau, Cohen Milstein Seller & Toll, PLLC

Discovery in Class and Complex Fiduciary Breach Actions: Subjects will include discussion of discovery in fiduciary breach cases, ESI discovery plans that incorporate search terms, agreements on costs of ESI, the emerging case law on ESI and privilege, the use of staged discovery, and the usefulness of involving IT and record keepers early in the process. The panel also will discuss how the most effectively use court oversight in the discovery process while balancing the need to work cooperatively with opposing counsel.

For the Plaintiff: Mary Bortscheller, Cohen Milstein Seller & Toll, PLLC

Wednesday, May 16, 2018

Focus Topic: Defined Contribution Plan Investment Litigation: One of the most financially significant and complicated areas of ERISA litigation involves claims against fiduciaries for alleged breach of duty regarding retirement plan investments. Fiduciary litigation over plan investments in defined contribution plans continues to expand, with cases challenging the selection of 401(k) and 403(b) plan investments, the monitoring of fees in individual account/401(k) plans, whether investments have performed substantially below their benchmarks, and the prudence of various target-date funds and default investment funds

For the Plaintiff: Mary Bortscheller, Cohen Milstein Seller & Toll, PLLC

More information about the conference and a link to registration can be accessed here.