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The Supreme Court's LaRue Decision: What's the Next Generation of 401(k) Litigation?

ABA JOINT COMMITTEE ON EMPLOYEE BENEFITS  • DATE: April 8, 2008
SPONSORS: The Sections of Business Law, Health Law, Labor and Employment Law, Real Property, Trust and Estate Law, Taxation, and Tort Trial and Insurance Practice; And the American College of Employee Benefits Counsel

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A 90-minute TeleConference/Live Audio Webcast
From the program held April 8, 2008
1:00 pm - 2:30 pm ET / 12:00 pm - 1:30 pm CT / 11:00 am -12:30 pm MT / 10:00 am - 11:30 am PT

The Supreme Court’s decision in LaRue v. DeWolff, Boberg & Associates, Inc. makes it clear that a single participant can bring a fiduciary breach claim on behalf of a defined contribution plan, even if the losses relate only to that participant’s account. However, with two concurring opinions, the LaRue decision leaves many unanswered questions. Our panel of experienced ERISA litigators will discuss how the LaRue decision is likely to impact future 401(k) plan litigation. Topics will include:

  • Do participants have to exhaust administrative remedies?
  • Are fiduciary claims in defined contribution plans really benefit claims?
  • What actions should 401(k) plans take to lessen the possibility of lawsuits?
  • Can former participants bring suit if they’ve gotten a distribution
  • What are the implications of LaRue for other types of plans?
  • What types of claims and equitable remedies will be available under Section 502(a)(3)?
  • Will this case impact issues surrounding auto-enrollment and investment advice?
  • Who''s liable if the participant''s investment instructions aren''t followed?

    Moderator: Karen Handorf, Cohen Milstein Hausfeld & Toll PLLC, Washington, DC
    Panelists: Bob Eccles, O''Melveny & Myers LLP, Washington, DC; Tim Hauser, Department of Labor, Washington, DC; Mary Ellen Signorille, AARP, Washington, DC                                      
               **Please mail checks to ABA-JCEB, 740 15th Street, NW, Washington, DC**


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    The Supreme Court's LaRue Decision: What's the Next Generation of 401(k) Litigation?
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