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New Frontiers in ERISA Litigation: Cunningham’s Impact, Class Action Trends, and Fiduciary Defense Strategies

2025-08-27 13:00:00

2.5 hours

2025-08-27 13:00:00

2.5 Credits

Expert analysis of the Supreme Court’s Cunningham decision and its impact on ERISA fiduciary litigation, compliance strategies, and emerging trends.

2025-08-27 13:00:00

2.5 hours

Expert analysis of the Supreme Court’s Cunningham decision and its impact on ERISA fiduciary litigation, compliance strategies, and emerging trends.

2025-08-27 13:00:00

2.5 hours

1000+

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Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Course Overview

Navigating ERISA Litigation After Cunningham

Participants will learn how the Supreme Court’s Cunningham decision reshapes prohibited transaction litigation and fiduciary compliance strategies. Practical guidance addresses emerging issues including ESG proxy voting, AI applications, and digital assets.

Key topics that will be covered

What will you learn

Attorneys will learn how the Cunningham decision shifts ERISA pleading standards, making Section 1108 exemptions affirmative defenses rather than elements plaintiffs must plead.

What will you gain

Attorneys will gain practical compliance strategies including fee verification, benchmarking, documentation practices, and procedural defense tools to mitigate ERISA litigation risk.

Cunningham Decision
Supreme Court ruled plaintiffs need only allege Section 1106 elements; exemptions are affirmative defenses.
Procedural Defenses
Rule 7(a) replies, standing challenges, and cost-shifting provisions remain available defense tools.
ESG Litigation
Spence case found breach of loyalty duty based on ESG proxy voting practices.
AI Compliance
Fiduciaries should conduct AI impact evaluations and include AI questions in RFPs.
Digital Assets
DOL withdrew guidance urging caution on cryptocurrency in ERISA plans.
Fee Verification
Reconcile fees paid against contracts and benchmark using reputable nationwide plan data.

What will you learn

Attorneys will learn how the Cunningham decision shifts ERISA pleading standards, making Section 1108 exemptions affirmative defenses rather than elements plaintiffs must plead.

What will you gain

Attorneys will gain practical compliance strategies including fee verification, benchmarking, documentation practices, and procedural defense tools to mitigate ERISA litigation risk.

Agenda

Session 1

Cunningham Decision Impact on ERISA Fiduciary Litigation

Session 2

Plaintiff Strategies and Fiduciary Defenses After Cunningham

Session 3

ERISA Class Action Trends and Defense Strategies

Session 4

Cunningham Case Scenarios: Before and After Analysis

clock 1:00 pm - 1:45 pm EST

Cunningham Decision Impact on ERISA Fiduciary Litigation

Jim Koford

Wurz Financial Service

Gerald L. Maatman, Jr.

Duane Morris

This session examines the Supreme Court’s unanimous reversal in Cunningham v. Cornell University, which established that Section 1108 exemptions are affirmative defenses rather than elements plaintiffs must plead. Attendees will explore trends in breach of fiduciary duty claims, legislative developments including the EBSA Investigations Transparency Act, and practical compliance strategies such as fee verification and benchmarking.

Jim Koford

Wurz Financial Service

Gerald L. Maatman, Jr.

Duane Morris

clock 1:55 pm - 2:40 pm EST

Plaintiff Strategies and Fiduciary Defenses After Cunningham

Jim Koford

Wurz Financial Service

Gerald L. Maatman, Jr.

Duane Morris

This session explores whether the Cunningham decision aligns with Congress’s original vision when enacting ERISA in 1974. Participants will discuss actions plan fiduciaries should take in response to the ruling, including procedural tools like Rule 7(a) replies, standing challenges, and potential guardrails to discourage frivolous litigation.

Jim Koford

Wurz Financial Service

Gerald L. Maatman, Jr.

Duane Morris

clock 2:50 pm - 3:20 pm EST

ERISA Class Action Trends and Defense Strategies

Jim Koford

Wurz Financial Service

Gerald L. Maatman, Jr.

Duane Morris

This session covers key trends in ERISA class action filings, including excessive fee cases, plan forfeiture disputes, PBM fee litigation, and emerging ESG proxy voting claims like the Spence decision. Attendees will examine notable rulings on class certification and motions to dismiss, along with best practices for defense strategies in the post-Cunningham landscape.

Jim Koford

Wurz Financial Service

Gerald L. Maatman, Jr.

Duane Morris

clock 3:20 pm - 3:50 pm EST

Cunningham Case Scenarios: Before and After Analysis

Jim Koford

Wurz Financial Service

Gerald L. Maatman, Jr.

Duane Morris

This session provides practical case scenarios comparing prohibited transaction claims in excessive fee and ESOP cases before and after the Cunningham ruling. Participants will analyze whether plaintiffs’ attorneys are likely to file streamlined complaints initially and amend to assert broader fiduciary breach claims as litigation proceeds through discovery.

Jim Koford

Wurz Financial Service

Gerald L. Maatman, Jr.

Duane Morris

01 04
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

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The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

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