Strafford Webinar - The Supreme Court’s Ruling in Cunningham v. Cornell University: Pleading Standards for ERISA Prohibited Transaction Claims and Considerations for Plan Fiduciaries

Employee Benefits and Executive Compensation partner David Olstein will be speaking during Strafford’s webinar titled “The Supreme Court’s Ruling in Cunningham v. Cornell University: Pleading Standards for ERISA Prohibited Transaction Claims and Considerations for Plan Fiduciaries” at 1:00 p.m. EDT on 17 July.

On 17 April 2025, the U.S. Supreme Court issued its opinion in Cunningham v. Cornell University and resolved the circuit court split on the pleading standard for prohibited transaction claims under ERISA. The Court’s ruling has lowered the pleading standards for ERISA claims, allowing plaintiffs to pursue prohibited transaction claims without addressing the statutory or regulatory exemptions that may defeat such claims. This threatens to cause a significant increase in meritless prohibited transaction claims and litigation costs for plan sponsors and fiduciaries. Attorneys assisting clients with ERISA, employee benefits, and fiduciary matters must understand the implications of this ruling and how their clients may be affected.

In a panel discussion, David Olstein will provide ERISA counsel and plan fiduciaries an in-depth analysis of the U.S. Supreme Court’s decision in Cunningham v. Cornell University and its impact on ERISA litigation challenging service arrangements with ERISA plans. The panel will discuss recent trends in excessive fee litigation, the legal analysis underlying the Court’s ruling on pleading standards for ERISA prohibited transaction claims, and how the decision will affect litigation strategies. The panel will also discuss key ERISA provisions impacting arrangements involving the furnishing of services to ERISA plans and strategies for demonstrating compliance with prudence requirements in the selection of service providers.

The panel will also review these and other important issues:

  • What must ERISA plan fiduciaries do to comply with ERISA in connection with selecting and monitoring service providers?
  • What types of claims are raised in lawsuits challenging service arrangements and how has this litigation evolved in recent years?
  • How will Cunningham v. Cornell University impact ERISA litigation?
  • What is the potential impact of the ruling on clients?

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