Employee Benefits Law and Litigation

This course explores substantive concepts involved in employee welfare and pension plan design under the Employee Retirement Income Security Act (ERISA), relevant federal Tax Code provisions, other relevant federal statutory and constitutional law, and relevant state law. The course also monitors executive and legislative actions affecting the Affordable Care Act and reviews litigation concerning benefit denials, benefit reduction disputes, discrimination issues relating to benefit plans, and fiduciary responsibilities and fiduciary breaches. It also addresses cutting-edge issues for the next decade, including without limitation the interstices of federal and state labor and employment laws with benefits law, standing, federal preemption, standard of review, conflicts of interest, the creation of federal common law, and equitable and other remedies.
(description revised and title updated 11/17, formerly Employment Benefits Law)