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American Conference Institute’s National Forum on ERISA Litigation

April 28, 2014 - April 29, 2014


Partner Jeanne Bakker will be a panelist for the American Conference Institute’s 7th National Forum on ERISA Litigation. The panel will present ERISA Fiduciary Litigation: Minimizing Exposure to Fiduciary Liability Through Procedural Prudence and Documentation, New and Emerging Theories of Liability and Defenses, Strategies for Statute of Limitations and Statute of Repose Defenses section.

The panel will cover:

  • Best practices for limiting fiduciary liability
  • “Procedural” prudence and documentation of process
  • Expected litigation should a broadening of the DOL fiduciary standard occur
  • Fiduciary status of service providers
  • When is a service provider a fiduciary
  • Assessing claims of breach of fiduciary duty relating to proprietary funds
  • Determining who the ERISA plan fiduciaries are and defeating plaintiffs’ attempts to delineate the plan fiduciaries
  • Countering the efforts of plaintiffs’ counsel to expand ERISA fiduciary duties
  • Winning dismissal of improperly-named defendants
  • Assessing new and emerging theories of liability from the plaintiffs’ bar
  • Developing effective defense strategies against new plaintiffs’ theories
  • Arguments that start claim accruals early and support 413(1)(a) fiduciary breach claim statute of repose
  • Whether the “actual harm” element of a fiduciary breach turns on individual reliance
  • What to do when a fiduciary finds out that a plan trustee has made an investment that has suffered a loss
  • Assessing the available remedies and damages when fiduciary liability is determined
  • Defending against a DOL, DOJ or SEC investigation
  • The “continuing violation” theory and the statute of limitations
  • Releases: extension of general releases; release application
  • Can a “properly” worded release preclude plaintiff from initiating, taking part in, or ben

April 28, 2014 at 8:00 AM – April 29, 2014 at 5:00 PM

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The Omni Chicago Hotel on the Magnificent Mile
Chicago, Ill