The Supreme Court's LaRue Decision CLE

ABA Joint Committee on Employee Benefits and the American College of Employee Benefits Counsel are sponsoring a teleconference and live audio webcast on April 8, 2008 entitled The Supreme Court's LaRue Decision: What's the Next Generation of 401(k) Litigation?

Here is a description of this program:

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