Jenner & Block

“Overcoming ERISA’s Ethical Issues: Establishing Representation with Proper Parties, Preserving Privilege, and Limiting Discovery of Privileged Documents,” American Conference Institute, San Francisco, CA

Jenner & Block Partner Amanda S. Amert and Associate April A. Otterberg will speak at an American Conference Institute event titled, “ERISA Litigation,” being held on April 13 – April 15, 2011 at the JW Marriott in San Francisco, CA. Ms. Amert spoke in a pre-conference session titled, “ERISA Fiduciary Litigation,” in which she discussed the newest developments in plaintiffs’ theories of liability, substantive defenses and the Department of Labor’s regulations on fiduciary.  Ms. Amert and Ms. Otterberg will speak in a session titled, “Overcoming ERISA’s Ethical Issues: Establishing Representation with Proper Parties, Preserving Privilege, and Limiting Discovery of Privileged Documents.” In this session they will discuss topics including establishing the attorney-client relationship with the proper party in fiduciary liability situations; recognizing and understanding potential issues arising from joint representation in the fiduciary liability context; understanding the fiduciary exception to the attorney-client privilege and when it applies, including to matters of plan administration and claim adjudication; maintaining documents and the administrative record in a way that preserves privilege; and maintaining your role as the attorney when advising on ERISA matters, and avoiding becoming a fiduciary or a witness.

Ms. Amert is a partner in the Firm's Litigation Department. She is Chair of the ERISA Litigation Practice and a member of the Complex Commercial Litigation Practice. Ms. Amert’s ERISA litigation experience includes representing employers in federal courts around the country at the trial and appellate levels, in both individual and class-action lawsuits, as well as counseling clients about how to avoid benefits litigation. In 2011, Ms. Amert was recognized by Law360 as a “Rising Legal Star,” selected by the publication as one of “five employment lawyers under the age of 40 to watch.” 

Ms. Otterberg is an associate in the Firm's Litigation Department.  She is a member of the Professional Responsibility, ERISA Litigation and Trademark, Advertising and Unfair Competition Practices. Ms. Otterberg’s  ERISA litigation experience includes representing large corporate clients in putative breach of fiduciary duty class action cases.