ERISA Litigation on the Rise: Fiduciary Risks, TPA Failures, and How to Litigate Them

This session examines the shift of ERISA litigation from retirement plans to welfare plans, driven by new transparency requirements under the Consolidated Appropriations Act. Attendees will learn about class actions targeting PBM arrangements, forfeiture account disputes, and out-of-network reimbursement claims that are reshaping the fiduciary landscape.

This session explores how fiduciary status is determined under ERISA, including the critical distinction between fiduciary functions and settlor activities. Participants will gain insights into the five core fiduciary duties, prohibited transactions, and best practices for monitoring TPAs and other service providers.

Drawing from landmark decisions including Cunningham v. Cornell and tobacco surcharge litigation, this session analyzes courts’ evolving expectations for prudent fiduciary conduct. Attendees will examine mental health parity developments and how recent rulings on prohibited transactions have lowered pleading standards for plaintiffs.

This session provides actionable guidance for strengthening fiduciary governance, including committee structure considerations and documentation best practices. Participants will learn how to implement prudent processes for vendor selection, service provider contracting, and ongoing monitoring to reduce litigation exposure.