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The 2026 ERISA Defined Contribution Class Action Surge

Master the 2026 ERISA class action surge: defend Q1’s doubled filings, counter emerging forfeiture and surcharge theories, apply post-Hughes and Cunningham strategy, and assess mid-market plan risk decisively.
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2026-06-30 13:00:00

2 hours

Alec J. Berin

Miller Shah LLP

Richard E. Nowak

Mayer Brown LLP

Elaine Liu

Mayer Brown LLP

View speakers

Program Details

2026-06-30 13:00:00

2026-06-30 13:00:00

2h CLE Credits

2026-06-30 13:00:00

2 hours

See credits by state

Alec J. Berin

Miller Shah LLP

Richard E. Nowak

Mayer Brown LLP

Elaine Liu

Mayer Brown LLP

View speakers

Program Details

2026-06-30 13:00:00

Program Details

2026-06-30 13:00:00

Over 1,000+ webinars

2026-06-30 13:00:00

2 hours

Course Overview

When the Pleading Defenses Sponsors Built Stopped Holding

2026-06-30 13:00:00

ERISA defined contribution plaintiffs nearly doubled their Q1 filings year-over-year while courts dismantled the pleading defenses sponsors built after Hughes v. Northwestern. Cunningham v. Cornell collapsed the prohibited-transaction pleading burden in April 2025, and plaintiffs immediately retooled — pushing forfeiture-reallocation, tobacco-surcharge, stable-value, and alternative-asset theories against mid-market plans that previously sat below the radar. With Anderson v. Intel pending, the Fourth Circuit’s Genworth class certification ruling reshaping Rule 23 analysis, an active DOL filing amicus briefs and proposing new investment-selection rulemaking, and the House ERISA Litigation Reform Act in play, counsel advising plan sponsors, fiduciary committees, and insurers cannot rely on templates built two years ago. This program maps the new case theories and judicial splits, walks through Cunningham’s burden-shift mechanics, breaks down Genworth’s certification framework, and shows how to screen Form 5500 and 408(b)(2) disclosures for exposure — alongside the settlement economics, recovery distributions, and fiduciary insurance coverage that drive resolution posture. Attendees leave able to triage fiduciary risk, draft motions calibrated to the post-Cunningham standard, and counsel committees on the trade-offs that now drive settlement decisions.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Filing trends
Q1 2026 ERISA defined contribution filings nearly doubled year-over-year, targeting mid-market plans.
02
Emerging theories
New theories include forfeiture reallocation, tobacco surcharges, stable value, and alternative assets.
03
Pleading burden
Cunningham v. Cornell shifted the prohibited transaction pleading burden under ERISA.
04
Forfeiture litigation
Forfeiture claims face pending Circuit appeals and DOL amicus involvement on settlement range.
05
Class certification
The Fourth Circuit’s Genworth ruling may impact class certification in ERISA cases.
06
Risk analysis
Attorneys can identify risk by analyzing Form 5500 and 408(b)(2) plan disclosures.

Program schedule

clock 1:00 pm - 2:00 pm EST

ERISA Class Actions: New Theories and Trends

This session equips attorneys to navigate the ERISA defined contribution class action landscape, where Q1 2026 filings nearly doubled year-over-year and new theories — forfeiture reallocation, tobacco surcharges, stable value, and alternative assets — reshape fiduciary exposure for mid-market plans.

Alec J. BerinAlec J. Berin
clock 2:10 pm - 3:10 pm EST

ERISA Fiduciary Class Actions: Pleading Through Settlement

This session covers the ERISA defined contribution fiduciary class action lifecycle from pleading through trial, including motions to dismiss, discovery, class certification, summary judgment, and settlement, addressing Hughes, Cunningham, the Fourth Circuit’s Genworth ruling, DOL activity, and proposed legislation.

Richard E. NowakRichard E. Nowak
Elaine LiuElaine Liu
Alec J. Berin

Alec J. Berin

Miller Shah LLP

Richard E. Nowak

Richard E. Nowak

Mayer Brown LLP

Elaine Liu

Elaine Liu

Mayer Brown LLP

Alec J. Berin

Alec J. Berin

Miller Shah LLP

Alec J. Berin is a Partner at Miller Shah LLP in the firm’s Philadelphia office, where he represents plaintiffs and institutional clients in complex civil litigation. His practice centers on securities, ERISA, and federal false claims matters, drawing on regulatory enforcement experience and a deep grounding in financial regulatory law to advance investor, employee, and whistleblower interests in high-stakes class and qui tam litigation.

Education & Credentials

Alec earned his Juris Doctor, with Honors, from the George Washington University Law School in 2019, and his Bachelor of Science in Industrial and Labor Relations from Cornell University in 2015. He is admitted to practice in the State of New Jersey and the Commonwealth of Pennsylvania, and before the U.S. District Courts for the District of New Jersey, the Eastern District of Pennsylvania, and the District of Colorado, as well as the U.S. Courts of Appeals for the First, Third, Fifth, Sixth, and Ninth Circuits.

Recognition & Leadership

While at GW Law, Alec was named Paul A. Volcker Scholar — an award recognizing excellence in the study of financial regulatory law and commitment to public service. He served as an Articles Editor of the George Washington International Law Review and as a Research Associate with the Center for Law, Economics & Finance. In 2025, Miller Shah LLP elevated Alec to Partner, reflecting his contributions to the firm's securities, ERISA, and whistleblower practices.

Professional Involvement

Alec is actively engaged with Miller Shah's institutional investor and whistleblower practices and contributes to the firm's work across its securities regulation, employee benefits and fiduciary compliance, and False Claims Act practice groups. His prior service in the Enforcement Division of the U.S. Securities and Exchange Commission and his work on a Presidential campaign reflect a sustained commitment to public service and the regulatory community.

Experience

Alec focuses his practice on securities, ERISA, and federal false claims matters, representing plaintiffs and institutional clients in class actions and qui tam litigation involving fiduciary breach, financial fraud, and government program abuse. Before joining Miller Shah as a Partner, he interned in the Enforcement Division of the U.S. Securities and Exchange Commission and worked with the firm as an ILR Credit Intern and Project Analyst prior to and during his legal education. He also brings prior experience from a Presidential campaign and a private consulting firm, giving him a multidisciplinary perspective on the regulatory, political, and business contexts in which his clients operate.
Richard E. Nowak

Richard E. Nowak

Mayer Brown LLP

Rick Nowak is a Co-Chair of Mayer Brown’s award-winning ERISA Litigation practice and one of the country’s leading defense lawyers in benefits-related disputes. An experienced trial lawyer and skilled litigator, he represents plan sponsors, administrators, fiduciaries, committees, boards, trustees, custodians, and third-party service providers — including recordkeepers, managed account providers, and investment advisors — in ERISA class actions and other matters involving retirement and health and welfare plans. Clients rely on Rick for substantive ERISA expertise, practical judgment, and the ability to resolve their most complex litigation and regulatory challenges efficiently.

Education & Credentials

Rick earned his JD, summa cum laude, from the University of Illinois College of Law, where he served as Articles Editor of the University of Illinois Law Review. He received his BS, with high honors, from the University of Illinois. He is admitted to practice in Illinois and before the U.S. Courts of Appeals for the Second, Fifth, Seventh, Ninth, and Tenth Circuits, as well as multiple federal district courts including the Northern, Central, and Eastern Districts of Illinois, the Eastern District of Michigan, the Eastern District of Wisconsin, and the District of Colorado.

Recognition & Leadership

Rick has been selected as a Fellow of the American Bar Foundation and named a Benefits/ERISA "MVP" by Law360, which previously recognized him as a "Rising Star" in the same category. He serves as Co-Chair of Mayer Brown's ERISA Litigation practice and is consistently recognized as a leader in the field.

Professional Involvement

Rick collaborates with leading benefits trade associations and industry groups — including the U.S. Chamber of Commerce, SIFMA, ICI, ABC, ERIC, and the ABA — on ERISA litigation and regulatory policy, including amicus briefs and legislative and regulatory proposals to improve benefit plan administration and participant outcomes. He serves as Co-Editor of the ABA Employee Benefits Committee Newsletter and sits on the Law360 Benefits Editorial Advisory Board. A prolific writer on ERISA litigation, he is a frequent speaker at major industry conferences and events.

Experience

Rick represents clients nationwide in ERISA class actions involving fiduciary duty, prohibited transaction, excessive fee, and benefits claims, with notable defense wins in matters including Bafford v. Northrop Grumman (9th Cir.), Bugielski v. AT&T Services (C.D. Cal.), Wilcox v. Georgetown University (D.D.C.), Harmon v. Shell Oil Company (S.D. Tex.), and Lauderdale v. NFP Retirement (C.D. Cal.). He also advises on ERISA fiduciary governance — including investment selection and monitoring, managed accounts, service provider arrangements, ESG, private funds and alternatives, and proxy voting — and represents clients before the U.S. Department of Labor and other federal agencies in audits, investigations, and rulemaking matters, including advisory opinions and prohibited transaction exemptions. Rick returned to Mayer Brown in mid-2025 after several years as in-house counsel at Fidelity Investments, where he led the team responsible for Fidelity's benefit plan litigation and regulatory enforcement matters and supervised complex litigation involving securities, digital assets, and data privacy. He began his career in the City of Chicago's Department of Law, gaining significant trial experience defending the City and its employees in constitutional and civil rights matters.
Elaine Liu

Elaine Liu

Mayer Brown LLP

Elaine Liu is a Litigation & Dispute Resolution partner and Co-Chair of the E-Discovery & Information Governance practice group in Mayer Brown’s Chicago office. A member of the firm’s award-winning ERISA Litigation practice, she focuses primarily on class action litigation under the Employee Retirement Income Security Act of 1974 (ERISA) and other benefits-related disputes, representing plan sponsors, plan administrators, plan fiduciaries and committees, company boards, trustees, custodians, and third-party service providers. Clients turn to Elaine for an advocate who combines courtroom skill with a data-driven, business-minded approach shaped by her training in economics and her prior career in management consulting.

Education & Credentials

Elaine earned her J.D. from Columbia Law School, where she was named a Harlan Fiske Stone Scholar and served as Editor-in-Chief and a member of the Board of Directors of the Columbia Business Law Review. She received her A.B. cum laude with High Honors in Economics from Harvard University. She is admitted to practice in Illinois and before the U.S. District Courts for the District of Columbia, the Northern District of Illinois, and the Eastern District of Wisconsin.

Recognition & Leadership

Elaine serves as Co-Chair of Mayer Brown's E-Discovery & Information Governance practice group and is a member of the firm's award-winning ERISA Litigation practice. She is a Fellow of the American Bar Foundation, an honor reserved for attorneys recognized for their professional achievements and dedication to the welfare of their communities. She is also a co-author of the Electronic Discovery Deskbook (Third Edition, 2025), reflecting her standing as an authority in e-discovery and information governance, and her selection as a Harlan Fiske Stone Scholar and leadership of the Columbia Business Law Review marked her early as a standout in legal scholarship.

Professional Involvement

Elaine is deeply engaged in the Chicago legal community and in organizations advancing women and diverse attorneys in the profession. She serves as a Chicago Board of Directors Member of the Coalition of Women's Initiatives in Law, a Board of Directors Member of the Asian American Bar Association of Greater Chicago, and an Ambassadors Board Member of Legal Aid Chicago. She previously served as an Associate Board Member of the Chicago Committee on Large Law Firms and a Young Lawyers Committee Member of the Women in Law Empowerment Forum (WILEF). She is a frequent author on ERISA, e-discovery, and employment topics, with publications appearing in Law360, Bloomberg Law, and Lexis Practice Advisor, among others.

Experience

Elaine has significant experience at every stage of litigation—briefing and arguing dispositive motions, conducting fact and expert discovery, and representing clients at trial. She has particularly deep knowledge of electronic discovery and information governance, which she draws on to oversee expansive e-discovery, conduct forensic data investigations, and counsel clients on best practices for managing electronically stored information. Leveraging her background in economics and her prior work as a management consultant advising corporations, private equity funds, and other investment firms, she is adept at directing multidisciplinary expert teams and building the damages models that underpin complex litigation.
Alec J. Berin

Alec J. Berin

Miller Shah LLP

Alec J. Berin is a Partner at Miller Shah LLP in the firm’s Philadelphia office, where he represents plaintiffs and institutional clients in complex civil litigation. His practice centers on securities, ERISA, and federal false claims matters, drawing on regulatory enforcement experience and a deep grounding in financial regulatory law to advance investor, employee, and whistleblower interests in high-stakes class and qui tam litigation.

Education & Credentials

Alec earned his Juris Doctor, with Honors, from the George Washington University Law School in 2019, and his Bachelor of Science in Industrial and Labor Relations from Cornell University in 2015. He is admitted to practice in the State of New Jersey and the Commonwealth of Pennsylvania, and before the U.S. District Courts for the District of New Jersey, the Eastern District of Pennsylvania, and the District of Colorado, as well as the U.S. Courts of Appeals for the First, Third, Fifth, Sixth, and Ninth Circuits.

Recognition & Leadership

While at GW Law, Alec was named Paul A. Volcker Scholar — an award recognizing excellence in the study of financial regulatory law and commitment to public service. He served as an Articles Editor of the George Washington International Law Review and as a Research Associate with the Center for Law, Economics & Finance. In 2025, Miller Shah LLP elevated Alec to Partner, reflecting his contributions to the firm's securities, ERISA, and whistleblower practices.

Professional Involvement

Alec is actively engaged with Miller Shah's institutional investor and whistleblower practices and contributes to the firm's work across its securities regulation, employee benefits and fiduciary compliance, and False Claims Act practice groups. His prior service in the Enforcement Division of the U.S. Securities and Exchange Commission and his work on a Presidential campaign reflect a sustained commitment to public service and the regulatory community.

Experience

Alec focuses his practice on securities, ERISA, and federal false claims matters, representing plaintiffs and institutional clients in class actions and qui tam litigation involving fiduciary breach, financial fraud, and government program abuse. Before joining Miller Shah as a Partner, he interned in the Enforcement Division of the U.S. Securities and Exchange Commission and worked with the firm as an ILR Credit Intern and Project Analyst prior to and during his legal education. He also brings prior experience from a Presidential campaign and a private consulting firm, giving him a multidisciplinary perspective on the regulatory, political, and business contexts in which his clients operate.
Richard E. Nowak

Richard E. Nowak

Mayer Brown LLP

Rick Nowak is a Co-Chair of Mayer Brown’s award-winning ERISA Litigation practice and one of the country’s leading defense lawyers in benefits-related disputes. An experienced trial lawyer and skilled litigator, he represents plan sponsors, administrators, fiduciaries, committees, boards, trustees, custodians, and third-party service providers — including recordkeepers, managed account providers, and investment advisors — in ERISA class actions and other matters involving retirement and health and welfare plans. Clients rely on Rick for substantive ERISA expertise, practical judgment, and the ability to resolve their most complex litigation and regulatory challenges efficiently.

Education & Credentials

Rick earned his JD, summa cum laude, from the University of Illinois College of Law, where he served as Articles Editor of the University of Illinois Law Review. He received his BS, with high honors, from the University of Illinois. He is admitted to practice in Illinois and before the U.S. Courts of Appeals for the Second, Fifth, Seventh, Ninth, and Tenth Circuits, as well as multiple federal district courts including the Northern, Central, and Eastern Districts of Illinois, the Eastern District of Michigan, the Eastern District of Wisconsin, and the District of Colorado.

Recognition & Leadership

Rick has been selected as a Fellow of the American Bar Foundation and named a Benefits/ERISA "MVP" by Law360, which previously recognized him as a "Rising Star" in the same category. He serves as Co-Chair of Mayer Brown's ERISA Litigation practice and is consistently recognized as a leader in the field.

Professional Involvement

Rick collaborates with leading benefits trade associations and industry groups — including the U.S. Chamber of Commerce, SIFMA, ICI, ABC, ERIC, and the ABA — on ERISA litigation and regulatory policy, including amicus briefs and legislative and regulatory proposals to improve benefit plan administration and participant outcomes. He serves as Co-Editor of the ABA Employee Benefits Committee Newsletter and sits on the Law360 Benefits Editorial Advisory Board. A prolific writer on ERISA litigation, he is a frequent speaker at major industry conferences and events.

Experience

Rick represents clients nationwide in ERISA class actions involving fiduciary duty, prohibited transaction, excessive fee, and benefits claims, with notable defense wins in matters including Bafford v. Northrop Grumman (9th Cir.), Bugielski v. AT&T Services (C.D. Cal.), Wilcox v. Georgetown University (D.D.C.), Harmon v. Shell Oil Company (S.D. Tex.), and Lauderdale v. NFP Retirement (C.D. Cal.). He also advises on ERISA fiduciary governance — including investment selection and monitoring, managed accounts, service provider arrangements, ESG, private funds and alternatives, and proxy voting — and represents clients before the U.S. Department of Labor and other federal agencies in audits, investigations, and rulemaking matters, including advisory opinions and prohibited transaction exemptions. Rick returned to Mayer Brown in mid-2025 after several years as in-house counsel at Fidelity Investments, where he led the team responsible for Fidelity's benefit plan litigation and regulatory enforcement matters and supervised complex litigation involving securities, digital assets, and data privacy. He began his career in the City of Chicago's Department of Law, gaining significant trial experience defending the City and its employees in constitutional and civil rights matters.
Elaine Liu

Elaine Liu

Mayer Brown LLP

Elaine Liu is a Litigation & Dispute Resolution partner and Co-Chair of the E-Discovery & Information Governance practice group in Mayer Brown’s Chicago office. A member of the firm’s award-winning ERISA Litigation practice, she focuses primarily on class action litigation under the Employee Retirement Income Security Act of 1974 (ERISA) and other benefits-related disputes, representing plan sponsors, plan administrators, plan fiduciaries and committees, company boards, trustees, custodians, and third-party service providers. Clients turn to Elaine for an advocate who combines courtroom skill with a data-driven, business-minded approach shaped by her training in economics and her prior career in management consulting.

Education & Credentials

Elaine earned her J.D. from Columbia Law School, where she was named a Harlan Fiske Stone Scholar and served as Editor-in-Chief and a member of the Board of Directors of the Columbia Business Law Review. She received her A.B. cum laude with High Honors in Economics from Harvard University. She is admitted to practice in Illinois and before the U.S. District Courts for the District of Columbia, the Northern District of Illinois, and the Eastern District of Wisconsin.

Recognition & Leadership

Elaine serves as Co-Chair of Mayer Brown's E-Discovery & Information Governance practice group and is a member of the firm's award-winning ERISA Litigation practice. She is a Fellow of the American Bar Foundation, an honor reserved for attorneys recognized for their professional achievements and dedication to the welfare of their communities. She is also a co-author of the Electronic Discovery Deskbook (Third Edition, 2025), reflecting her standing as an authority in e-discovery and information governance, and her selection as a Harlan Fiske Stone Scholar and leadership of the Columbia Business Law Review marked her early as a standout in legal scholarship.

Professional Involvement

Elaine is deeply engaged in the Chicago legal community and in organizations advancing women and diverse attorneys in the profession. She serves as a Chicago Board of Directors Member of the Coalition of Women's Initiatives in Law, a Board of Directors Member of the Asian American Bar Association of Greater Chicago, and an Ambassadors Board Member of Legal Aid Chicago. She previously served as an Associate Board Member of the Chicago Committee on Large Law Firms and a Young Lawyers Committee Member of the Women in Law Empowerment Forum (WILEF). She is a frequent author on ERISA, e-discovery, and employment topics, with publications appearing in Law360, Bloomberg Law, and Lexis Practice Advisor, among others.

Experience

Elaine has significant experience at every stage of litigation—briefing and arguing dispositive motions, conducting fact and expert discovery, and representing clients at trial. She has particularly deep knowledge of electronic discovery and information governance, which she draws on to oversee expansive e-discovery, conduct forensic data investigations, and counsel clients on best practices for managing electronically stored information. Leveraging her background in economics and her prior work as a management consultant advising corporations, private equity funds, and other investment firms, she is adept at directing multidisciplinary expert teams and building the damages models that underpin complex litigation.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC
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FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.5
OR2.0
PA2.0
RI2.0
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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