18th National Forum on ERISA Litigation

EARN CLE CREDITS

18th National Forum on

ERISA LITIGATION November 18–19, 2020

VIRTUAL CONFERENCE (Eastern Time)

Join leading in-house and outside counsel on litigating the newest, most pressing issues impacting benefit plans, fiduciaries and plan investments

SPECIAL REMARKS FROM:

With an evolving landscape of risks and claims, don’t miss out on critically important updates and best practices, including: Caret-right SUPREME COURT LITIGATOR ROUNDTABLE: Dissecting Recent, Winning Arguments and the Impact on Upcoming Litigation Outcomes

Caret-right “View from the Client”: Unexpected, Long-Term Implications of COVID-19 on ERISA and Employment-Related Risk Factors

Caret-right The Rise in ERISA Arbitration: What Recent Ninth Circuit Cases Mean for Class The Honorable Preston Rutledge

Former Assistant Secretary of Labor Employee Benefits Security Administration U.S. Department of Labor

Waivers and Arbitration Clauses

Caret-right COBRA: Leading Practitioners Share Experiences with Soaring COBRA Notices and Class Actions in the Wake of COVID-19

Caret-right The Grey Areas of Sick-Leave Claims: Applying Emergency Legislative and Fiduciary Requirements, and DOL Guidance Affecting ERISA

Caret-right Navigating Cyber Theft and Data Privacy in the Context of Arbitration, Mediation and Participant Information

Associate Sponsors

AmericanConference.com/ERISA • 888 224 2480

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There has never been a more critical time to “compare notes” with leading practitioners on how to prevent, manage and defend against rising, costly ERISA claims.

$300 Million Plan Faces ERISA Fiduciary Breach Lawsuit PLANADVISER m

agazine

Dear Colleague,

RISA A New Target of E BRA Class Actions—CO Notices

Bloomberg Law

ACI’s acclaimed 18th ERISA Litigation Forum is your best opportunity to gain best practices for your everyday work, and ensure that you are up-to-speed on the nuances of regulatory and case law developments.

With intensifying risk and uncertainty, ensure that you benchmark with leading practitioners, and hear how they have been revisiting litigation strategies and budgets.

Regarded as the most comprehensive, practical event of its kind, benefit from new guidance for yielding favorable ERISA litigation outcomes in the wake of COVID-19.

With So Much at Stake, Don’t Miss: » Need-to-know updates, “war stories” and lessons learned » Actionable strategies for your daily practice » Virtual networking opportunities with in-house professionals

No End in Sight fo r Business of ERISA Litigatio n Pension&Investm

ents

Register Now to Receive the Best Price

Continuing Legal Education Credits Accreditation will be sought in those jurisdictions requested by the registrants which have continuing education requirements. This course is identified as nontransitional for the purposes of CLE accreditation.

EARN CLE CREDITS

ACI certifies this activity has been approved for CLE credit by the New York State Continuing Legal Education Board.

2 | #ACIERISA

ACI certifies this activity has been approved for CLE credit by the State Bar of California.

ACI has a dedicated team which processes requests for state approval. Please note that event accreditation varies by state and ACI will make every effort to process your request.

For more information on ACI’s CLE process for virtual events visit: www.americanconference.com/accreditation-instructions-for-virtual-attendance/

twitter: @ACIEmployment linkedin: ACI: Employment & Benefits Law Professionals

SPECIAL REMARKS FROM: The Honorable Preston Rutledge Former Assistant Secretary of Labor Employee Benefits Security Administration U.S. Department of Labor

DISTINGUISHED SPEAKER FACULTY INCLUDES: Michael Collins Partner Gibson Dunn and Crutcher LLP Randall W. Edwards Partner O’Melveny & Myers LLP James O. Fleckner Partner, Chair, ERISA Litigation Goodwin Law Maureen J. Gorman Partner Mayer Brown Amy Gordon Partner Winston & Strawn LLP Emily Seymour Costin Partner Alston & Bird

Jim Halpert Partner DLA Piper

Howard Shapiro Principal Jackson Lewis

Melissa D. Hill Partner Morgan, Lewis & Bockius LLP

Anthony Shelley Member Miller & Chevalier Chartered

Robert A. Izard Partner Izard, Kindall & Raabe, LLP

Sean E. Soyars Partner Schlichter, Bogard & Denton, LLP

Wood W. Lay Partner O’Hagan Meyer

Meaghan VerGow Partner O’Melveny & Myers LLP

Paul J. Ondrasik, Jr. Partner Steptoe & Johnson LLP

Wendy Katherine Von Wald, Esq. Fiduciary Product Manager, Bond and Specialty Insurance Travelers

Gregory Y. Porter Partner Bailey & Glasser LLP Rhonda Prussack SVP and Head of Fiduciary and Employment Practices Liability Berkshire Hathaway Specialty Insurance James F. Reda Managing Director and Practice Leader, Executive Compensation Gallagher

Marcia S. Wagner Founding & Managing Partner Wagner Law Group Matthew Wessler Principal Gupta Wessler PLLC Eric Zion Deputy General Counsel and Vice President/Global Supply Chain and Global Labor & Employment Law Baxter International Inc.

Jaime A. Santos Partner Goodwin Law

Join ACI’s ERISA Community!

Ensure you have joined our LinkedIn group, ACI:

Employment & Benefits Law Professionals, to

The Flagship ERISA Event for Practitioners Across the Country AmericanConference.com/ERISA • 888 224 2480

get access to informative discussions and timely updates about the Employment & Benefits sector.

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Day 1 | November 18th, 2020

12:30

(Times are in EST)

1:30

10:45

COVID-19, The Market and Your Cases: Critical Takeaways on New, Emerging 401K Investment Performance and Stock-Drop Litigation

Co-Chairs’ Opening Remarks: Where We Are in the Wake of the Election, Global Pandemic — and Emerging Issues to Flag Now

Lunch Break

Microphone-alt James F. Reda, Managing Director and Practice Leader, Executive Compensation, Gallagher

Microphone-alt James O. Fleckner, Partner, Chair, ERISA Litigation,

• How a COVID-19 vaccine could impact the markets—and to what extent

• Managing increased lawsuits challenging the investment performance of 401(k) plans

Goodwin Law

Rhonda Prussack, SVP and Head of Fiduciary and Employment Practices Liability, Berkshire Hathaway Specialty Insurance

• Identifying notable theories that are different from prior cases » Jander v. IBM case on stock-drop litigation

11:00

KEYNOTE: DOL Updates and Priorities Moving Forward Post-election Meaghan VerGow, Partner, O’Melveny & Myers LLP

• Managing the interplay of the market and ERISA litigation: What instability means for your risk calculus and litigation strategies 2:30

NEW!

• DOL Proposed Rules, Audits, Investigations and Enforcement actions • How the COVID-19 pandemic has impacted employee benefits and the legal landscape • Updates on new regulatory developments • Important takeaways on the Secure Act 11:30

SUPREME COURT LITIGATOR ROUNDTABLE: Dissecting Recent, Winning (and Losing) Arguments — and the Impact on Future Litigation Outcomes Microphone-alt Paul J. Ondrasik, Jr., Partner, Steptoe & Johnson LLP

VIEW FROM THE CLIENT

In-House Perspectives on the Unexpected, Long-Term Implications of COVID-19 for ERISA and Employment Litigation Risk Factors

Microphone-alt moderator:

Rhonda Prussack, SVP and Head of Fiduciary and Employment Practices Liability, Berkshire Hathaway Specialty Insurance

panelists:

Jay Desjardins, Managing Director, Aon, Financial Services Group

Wendy Katherine Von Wald, Esq., Fiduciary Product Manager, Bond and Specialty Insurance, Travelers

• Revisiting potential liability posed by the return to the workplace

Jaime A. Santos, Partner, Goodwin Law

• How in-house compensation and benefits counsel are thinking about ERISA-related risks

Anthony Shelley, Member, Miller & Chevalier Chartered

• Determining how to recruit, retain, and motivate an evolving workforce

Matthew Wessler, Principal, Gupta Wessler PLLC

• Lessons on how to anticipate, prepare for, and better respond to crises or other unexpected events

Join this panel as we hear from leading litigators who have argued before the U.S. Supreme Court. This expert panel will delve into the nuances of key cases and the lesser known takeaways that have shaped the course of ERISA litigation going forward.

• Analyzing key cases, including: » THOLE vs U.S. Bank • Interpreting the arguments around these cases and their impact • “Standing” in the Supreme Court • Navigating the aftermath of landmark decisions • What is currently pending before the U.S. Supreme Court, including health and welfare versus what could impact qualified or retirement plans

3:15

Afternoon Break

Global Sponsorship Opportunities With conferences in the United States, Europe, Asia Pacific, and Latin America, the C5 Group of Companies: American Conference Institute, The Canadian Institute, and C5 Group, provides a diverse portfolio of conferences, events and roundtables devoted to providing business intelligence to senior decision makers responding to challenges around the world.

Don’t miss the opportunity to maximize participation or showcase your organization’s services and talent. For more information please contact us at: American Conference Institute SponsorInfo@AmericanConference.com

4 | #ACIERISA

twitter: @ACIEmployment linkedin: ACI: Employment & Benefits Law Professionals

3:45

5:30

Challenges to Actuarial Assumptions: The Lesser Known Takeaways from Actuary Equivalent Class-Action Lawsuits and Emerging Trends

NEW!

Cyber Theft and Data Privacy Risks in the Context of Arbitration, Mediation and Participant Information

Microphone-alt Maureen J. Gorman, Partner, Mayer Brown

Microphone-alt Jim Halpert, Partner, D LA Piper

Robert A. Izard, Partner, Izard, Kindall & Raabe, LLP

Wendy Katherine Von Wald, Esq., Fiduciary Product Manager, Bond and Specialty Insurance, Travelers

During this session, experts will analyze the slew of actuarial equivalent class action lawsuits put forth this year and determine what these cases mean for future ERISA case outcomes: • Taking stock of litigation trends associated with actuarial assumptions for annuities • Fiduciary liability insurance considerations for plans sponsors and fiduciaries

» Raytheon

» American Airlines

» AT&T

Gregory Y. Porter, Partner, Bailey & Glasser LLP

• Munro v. University of Southern California cases • AT&T Mobility LLC v. Concepcion » The grey areas of enforcing arbitration clauses » Determining how to implement an effective arbitration and class waiver provision

• Navigating practical procedures

Closing Remarks from Co-Chairs Conference Adjourns to Day Two

Co-Chairs’ Welcome Remarks Microphone-alt James O. Fleckner, Partner, Chair, ERISA Litigation, Goodwin Law

The panel will explore prominent Ninth Circuit cases that have upfolded the argument in favor of arbitration.

• Key takeaways from Dorman v. The Charles Schwab Corp.

• How a company can protect themselves against a security breach and ensuring they are in compliance

10:45

Microphone-alt Emily Seymour Costin, Partner, Alston & Bird

• Determining what plan sponsors and record keepers should be doing to prevent theft and authentications

(Times are in EST)

The Rise in Arbitration for ERISA Cases: Recent Ninth Circuit Cases — and the Impact on Class Waivers and Arbitration Clauses Howard Shapiro, Principal, Jackson Lewis

• Analyzing recent cyber theft cases related to fraudulent 401(k) distributions

Day Two | November 19th, 2020

4:45

• Takeaways on virtual arbitration and mediation

6:00

• The finer points of challenging the assumptions and factors used to calculate the amount of benefits in key cases, including: » PepsiCo

Randall W. Edwards, Partner, O ’Melveny & Myers LLP

Rhonda Prussack, SVP and Head of Fiduciary and Employment Practices Liability, Berkshire Hathaway Specialty Insurance

11:00

Keynote Address The Honorable Preston Rutledge, Former Assistant Secretary of Labor, Employee Benefits Security Administration, U.S. Department of Labor

Quote-left Sophisticated analysis of complex ERISA trends. quote-right Managing Principal, Euclid Specialty

Quote-left Very interesting topics and timely. quote-right Partner, Holland & Hart

AmericanConference.com/ERISA • 888 224 2480

a C5 Group Company

Business Information in a Global Context

11:30

NEW!

2:00

COBRA: Leading Practitioners Share Experiences with Soaring COBRA Notices and Class Actions in the Wake of COVID-19

NEW!

Microphone-alt Melissa D. Hill, Partner, Morgan, Lewis & Bockius LLP

Microphone-alt Michael Collins, Partner, Gibson Dunn and Crutcher LLP

Marcia S. Wagner, Founding & Managing Partner, Wagner Law Group

This panel will explore the increase in COBRA class-action lawsuits. Our experts will discuss recent notices and strategies to mitigate litigation risks.

• Practical impact of the IRS guidance, extensions of COBRA, health plan claims, the extension for filing, remote online denaturization and impact of downtime of retirement

Sean E. Soyars, Partner, Schlichter, Bogard & Denton, LLP

Don’t miss this special-smaller-group, closed-door discussion on settlements involving 401(k) cases and how this affects the course of litigation in the future. In addition to critical updates and guidance, benefit from speaker-prepared reference materials and Q&A. Topics will include: • Examining claims based on investment fees, excessive fees, and fiduciary breaches

» Navigating delays to submit claims and remit payments » How COBRA notices are affecting pension plans

• Analyzing the changes to pension and 401K plans and how companies are navigating those changes

• Litigation associated with the DOL’s guidance and what it means from the fiduciary perspective 12:30

SPECIAL DELIBERATION: Inside the Nuances of 401K Class Actions, Executive Fees, Settlement Outcomes and Fiduciary Breaches

• How an employee furlough or reduction in number of participants in a plan can trigger a partial termination under PBGC, and the impact on plan sponsors and participants

Afternoon Break

1:00

• Analyzing the use of participant data by record keepers

The Grey Areas of Sick-Leave Claims: NEW! Applying Emergency Legislative and Fiduciary Requirements, and DOL’s COVID-19 Guidance Affecting ERISA

3:00

Conference Ends

Microphone-alt Amy Gordon, Partner, Winston & Strawn LLP

Wood W. Lay, Partner, O’Hagan Meyer

Eric Zion, Deputy General Counsel and Vice President/ Global Supply Chain and Global Labor & Employment Law, Baxter International Inc.

In this panel, our experts will discuss the finer points of guidance from the Department of Labor addressing employment and COVID-19 related concerns. Topics will include:

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• Analyzing guidance regarding implementation of the Emergency Family and Medical Leave Expansion Act, and the Emergency Paid Sick Leave Act

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• Identifying the ramifications associated with fiduciary cases and the governments focus on health care plans

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