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

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.

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.

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.

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.