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

2025-08-15 14:00:00

2025-08-15 14:00:00

2 Credits

ERISA fiduciary litigation trends, emerging welfare plan risks, and practical strategies for mitigating exposure in benefits administration.

2025-08-15 14:00:00

ERISA fiduciary litigation trends, emerging welfare plan risks, and practical strategies for mitigating exposure in benefits administration.

2025-08-15 14:00:00

1000+

Live stream programs

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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

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn how to identify fiduciary status under ERISA, distinguish fiduciary actions from settlor functions, and understand prohibited transactions and co-fiduciary liability.

What will you gain

Attorneys will gain practical strategies for mitigating litigation risk through proper committee documentation, service provider contracting, monitoring practices, and claims procedure compliance.

Fiduciary Duties
Master the five ERISA fiduciary duties and distinguish fiduciary actions from settlor functions.
Litigation Trends
Understand emerging PBM litigation, forfeiture account claims, and welfare plan fee disputes.
Prohibited Transactions
Learn self-dealing rules, party-in-interest definitions, and Cunningham v. Cornell implications.
Tobacco Surcharges
Navigate HIPAA wellness rules, retroactivity requirements, and current tobacco litigation landscape.
Mental Health Parity
Apply NQTL comparative analysis requirements under current non-enforcement policy guidance.
Risk Mitigation
Implement committee structures, documentation practices, and service provider monitoring strategies.

What will you learn

Attorneys will learn how to identify fiduciary status under ERISA, distinguish fiduciary actions from settlor functions, and understand prohibited transactions and co-fiduciary liability.

What will you gain

Attorneys will gain practical strategies for mitigating litigation risk through proper committee documentation, service provider contracting, monitoring practices, and claims procedure compliance.

Agenda

Session 1

Emerging Litigation Trends in Welfare Plan Fiduciary Claims

Session 2

Fiduciary Designation and Oversight Under ERISA

Session 3

Lessons from Recent ERISA Case Law Decisions

Session 4

Practical Risk Mitigation Strategies for Plan Sponsors

clock 2:00 pm - 2:30 pm EST

Emerging Litigation Trends in Welfare Plan Fiduciary Claims

Jim Koford

Wurz Financial Service

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.

Jim Koford

Wurz Financial Service

clock 2:30 pm - 3:00 pm EST

Fiduciary Designation and Oversight Under ERISA

Jim Koford

Wurz Financial Service

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.

Jim Koford

Wurz Financial Service

clock 3:10 pm - 3:40 pm EST

Lessons from Recent ERISA Case Law Decisions

Jim Koford

Wurz Financial Service

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.

Jim Koford

Wurz Financial Service

clock 3:40 pm - 4:10 pm EST

Practical Risk Mitigation Strategies for Plan Sponsors

Jim Koford

Wurz Financial Service

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.

Jim Koford

Wurz Financial Service

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.

Plans

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Individual Purchase
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Premium
Corporate CLE Plan
$95 – $245
Price varies based
on the course duration
of 1 to 3+ hours
Access type Pay per
class
Number of Available Webinars 1
Number of New Webinars Added Yearly Limited
Earn "Live" CLE credit Included
Ability to Ask Questions During
the Presentation via a Chat Box
Included
Attend "Live" Re-Broadcasts Included
Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
Personalized CLE Platform
Live Conferences
Bootcamps

Why Attend

Why this 
program matters

Understanding ERISA fiduciary duties, emerging litigation trends, and TPA oversight is critical for legal practitioners to protect clients from costly breaches and rapidly evolving class action theories.
$1.4B
Recovered by DOL’s EBSA for employee benefit plans, participants, and beneficiaries in fiscal year 2024 through enforcement actions and complaint resolution.
606
Excessive fee and imprudent investment lawsuits filed against ERISA defined contribution plans since 2016, with 94 lawsuits filed in 2025 alone.
84%
Of U.S.-based retirement plans have at least one likely fiduciary violation under ERISA, exposing more than 600,000 companies to potential fines and legal penalties.
50+
Tobacco surcharge class action lawsuits filed against employers alleging ERISA violations, with settlements ranging from $135,000 to nearly $5 million.

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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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