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ERISA Bubbles III: More Cases and Issues Ready to Pop


Product Code - LGN32
Speaker(s): Ronald Dean; Karen Handorf, Cohen Milstein Sellers & Toll PLLC; Amy Covert, Proskauer Rose LLP; Charles Seemann, Proskauer Rose LLP
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Employee benefits and associated issues are becoming increasingly significant drivers of social, economic and legal policy-making. With an increasingly older workforce approaching the threshold of entitlement to an ever-dwindling Social Security “safety net,” the public’s attention is being drawn ever closer to the management of retirement income and funding of retirement benefits. At the same time, healthcare costs are growing at multiples of the inflation rate, leading more and more employers to struggle with cost management of group-health programs in a tough economic climate.

In this environment, it is understandable that ERISA litigation is fast becoming one of the most dynamic and significant fields of high-stakes litigation. Learn from the expertise of four of America’s leading practitioners – two from the plaintiff’s side, two for the defense – who will review recent developments and forecast important trends in this ever-changing arena. Each of our panelists brings extensive ERISA experience and a national practice perspective to this program.

Educational Objectives:

• Gain an understanding of important developments in ERISA litigation.
• Learn from experienced perspectives on how existing trends will develop, and how new trends will emerge.
• Understand significant ERISA decisions and their practical implications.

Who would benefit most from attending this program?

• In-house counsel
• Benefits and HR personnel
• Private practitioners looking to stay abreast of current events in ERISA litigation

Program Level: Advanced

Credit available: CLE. For more information, please click on the “CLE Credit” tab.

Ronald Dean; Karen Handorf, Cohen Milstein Sellers & Toll PLLC; Amy Covert, Proskauer Rose LLP; Charles Seemann, Proskauer Rose LLP

Ronald Dean
Ronald Dean has been engaged in employee benefits litigation primarily on behalf of participants for over 40 years. He is currently a member of the Board of Senior Editors of the ABA/BNA text, Employee Benefits Law, and is on the Advisory Board for ALI-ABA’s Employee Benefits Programs. He is a Fellow of the College of Labor and Employment Lawyers and a Charter Fellow of the American College of Employee Benefits Counsel, for which he was a member of the Board of Directors from 2001 to 2007.

Dean was named by the National Law Journal as one of the top forty benefits lawyers in the country, and is listed in Southern California Super Lawyers. He was trial and appellate counsel in 15 published Ninth Circuit Court of Appeals opinions involving ERISA issues. When Dean is not lost and wandering in the mountains, he is a frequent lecturer for CLE programs for Bloomberg BNA, the American Bar Association, and ALI. He is Asher Finn and Ella Ray Dean-Schulner’s favorite grampa and BFF.

Karen Handorf, Cohen Milstein Sellers & Toll PLLC
Karen Handorf of Cohen Milstein represents plan participants in district court and appellate litigation involving a broad range of issues including retiree healthcare, ESOPs, employer stock, and the termination of benefits. Prior to joining Cohen Milstein in 2007, Handorf served as counsel in the Plan Benefits Security Division (PBSD), Office of the Solicitor, U.S. Department of Labor. In this role, Handorf was responsible for establishing and supervising the Department’s amicus brief writing program which addressed a wide range of novel and difficult ERISA issues in both state and federal court. She was also responsible for supervising the Department’s ERISA appellate litigation, district court litigation brought by regional offices of the Solicitor of Labor and administrative litigation involving the civil penalty provisions of ERISA. In 2001, Handorf was appointed Deputy Associate Solicitor of PBSD and was responsible for overseeing litigation brought by the Secretary of Labor and legal advice provided to the Employee Benefit Security Administration. In 2005, she returned to her position as supervisor of the ERISA appellate and amicus brief writing program, serving as Counsel for Appellate and Special Litigation. Handorf is a Fellow of the American College of Employee Benefits Counsel, serves as plaintiffs’ co-chair of the civil procedure subcommittee of the Employees Benefits Committee of the ABA’s Labor Section and is a frequent speaker on ERISA issues for the ABA, various bar associations and private seminars. She earned her law degree from the University of Wisconsin Law School and is admitted to practice in Wisconsin and the District of Columbia.

Amy Covert, Proskauer Rose LLP
Amy Covert is a partner in the Labor & Employment Law Department at Proskauer Rose’s New York office. She has extensive experience with complex employee benefits litigation, including class actions and individual claims relating to ERISA fiduciary duty and prohibited transaction provisions; anti-cutback violations; cessation of benefit accruals; age discrimination; denials of claims for benefits; severance plans; executive and equity compensation; ERISA Section 510 retaliation claims; ERISA preemption of state law claims; plan investment losses; retiree medical benefits; plan interpretation; and plan amendments and terminations. Covert also has acted on the plaintiff’s side in delinquent contribution claims brought by the plan against employer contributors to multiemployer plans.

Charles Seemann, Proskauer Rose LLP
Charles Seemann practices ERISA and employment law, and is resident in Proskauer Rose’s New Orleans office. He has extensive experience in defending ERISA plans and plan fiduciaries at both public and private companies, multi-employer plans and plan fiduciaries, and financial institutions providing services to ERISA plans. Seeman has extensive experience in a diverse array of class-action and complex employee-benefits litigation matters, including cases related to employer stock, fiduciary disclosure obligations, cash-balance plan conversions, retiree rights, ESOP management and valuation, and ERISA plan investments in headline-grabbing Ponzi schemes. He has also helped clients in a wide range of non-litigation matters, including fiduciary risk management, private dispute resolution and regulatory investigations related to ERISA plans. Since 2008, Seeman has been recognized in The Best Lawyers in America. He has participated in the resolution of complex and class action matters in a number of jurisdictions, including New York, California, Ohio, Illinois, Massachusetts, North Dakota, Indiana, Florida, Texas, Oklahoma, Georgia, Tennessee, Virginia, Mississippi, and Louisiana.