In this practical webinar, you will learn effective methods for dealing with ERISA Lien Assertions levied against personal injury victims. You will learn available strategies and favorable legal principles designed to minimize, and in some cases eliminate, the amount required to be paid on ERISA liens. Among other things, you will also learn:
- The historical prohibitions regarding subrogation on personal injury claims
- How insurers have transitioned their subrogation efforts into the ERISA arena in order to avoid protective state law provisions
- How you can effectively utilize this knowledge to your advantage
Upon course completion, you will be able to:
- Prioritize the steps needed to effectively resolve ERISA lien assertions while also protecting your client’s right to secure a tort recovery
- Outline the basics of “plan funding”
- Conduct an independent investigation into plan funding arrangements and other important features of ERISA plan operations
- Identify vulnerabilities in ERISA lien assertions
- Develop a sense of timing as to when to challenge lien assertions
- Implement strategies for effective negotiation of ERISA liens
- Recognize and avoid pitfalls that subrogation collection agents set for plaintiffs’ attorneys
- Achieve final resolution of all aspects of your client’s personal injury claim
Roger Baron
University of South Dakota
Professor Emeritus Roger Baron, University of South Dakota, has been actively involved in ERISA reimbursement litigation and legislation. He has participated in four U.S. Supreme Court proceedings involving ERISA Liens. He has authored three significant law review articles, as well as numerous bar journal articles, which deal with subrogation issues in the context of personal injury claims. His Mercer Law Review article on ERISA Reimbursement has been cited by three federal district courts in written opinions handed down in Illinois, New Jersey, and Washington. He has been litigating ERISA liens in state and federal courts across the country for more than a decade.
Marilyn Trefz
Redwood Mediation & Law
Marilyn Trefz works as an Attorney and Mediator with Redwood Mediation & Law, in Vermillion and Sioux Falls, South Dakota. Her focus areas are mainly comprised of Mediation, Family Law, Elder Law and ERISA. Marilyn is an alumnus of the University of South Dakota School of Law, where she now teaches as an Adjunct Professor. Prior to law school, Marilyn had an eighteen-year career in Human Resources including work with a large international corporation, as well as mid-size and smaller companies. Marilyn’s HR experience involved overseeing employee relations and benefit plans, recruiting and hiring, management and supervisory training, organizational restructuring, and workplace compliance issues. She is a certified Senior Professional in Human Resources (SPHR) and has an MPA degree, with an emphasis in Human Resources Management from Brigham Young University.
CLE Credits (Law)
| Credit | Value | Type | Format |
|---|---|---|---|
In some CLE states, the course will be submitted to the bar after you register. If for any reason the course is not approved, we will fully refund your registration fee. If a state is listed on this course, then we are confident the course fits that state's standards and already is or will be approved for credit.
HR Credits
| Credit | Value | Type | Format |
|---|---|---|---|
| HRCI | 1.75 |
General |
On-Demand/Recording |
| SHRM | 1.75 | On-Demand/Recording |
What is a webinar?
A webinar is simply a seminar that you attend online. You either watch a live video feed of the speaker or listen to the speaker through your computer, tablet or phone’s audio. You see the speaker’s slides, videos, and other presentation materials on your screen.
Can I ask questions during the webinar?
Yes. During the live webinar, you may submit questions and comments and the speaker will respond verbally. For a recorded webinar, your questions will be emailed to the speaker. You will typically receive a response from the speaker within two business days.
Can I attend using a tablet or smartphone?
Yes. You may attend a webinar using a computer, tablet or smartphone.
If I can’t attend a webinar live, can I view the recording later?
Yes. Shortly after each live program ends, we send all webinar registrants a link to the webinar recording. You can view the recording as many times as you like after the live webinar for up to 12 months.
What is an on-demand webinar?
An on-demand webinar is a previously recorded webinar that you may view at any time after your purchase for up to 12 months.
Can I stop a recorded webinar and start it later at the same point?
You can stop a recording and later log back in and navigate to any point in the webinar. The system will not force you to view the entire recording from start to finish.
Can I listen to recorded webinars on a tablet or smartphone?
Yes. You will be able to listen to any of our on-demand webinars on your computer, tablet, or smartphone.
Do the webinars qualify for Continuing Education Credit?
Almost all of our webinars are approved for continuing education credit, including CLE (in all states), CCB, CPE, HRCI, IRS and SHRM credit. Unlike many providers, we don’t charge you any additional fee to process your credit. If you have specific questions, please call us at 703-372-0550 or contact us.
Can I still receive Continuing Education Credits if I view the webinar recording instead of the live presentation?
In most cases, the answer is yes. Recorded webinars are not eligible for CLE credit in the following states: AR, KS, MS, NE, and RI. In all other jurisdictions, recorded programs are eligible for credit. In addition, CPE credit is not available for recorded webinars. Please note that recorded webinars are only eligible for a certain period of time based on the jurisdiction. To ask about your specific type of Continuing Education Credit or the requirements in your jurisdiction, please call us at 703-372-0550 or contact us.
Will I receive a certificate of completion after the course?
Yes. A certificate of completion will automatically be uploaded to your Clear Law Institute account after completing the live or on-demand webinar.
Do I need to be a member to receive a certificate of completion?
No. An account will automatically be created for you when registering for a webinar. You will then be able to access your certificate of completion after completing a webinar.
How do I determine my states’s CLE requirements.
Please find your state listed here with instructions for calculating the number of credits in your state.
How will I submit my attendance to receive CLE credit in my state?
Please find your state listed here with instructions for confirming your CLE attendance.
How does the money-back guarantee work?
Clear Law Institute stands behind all of its courses with a no-risk, money-back guarantee. If you are not satisfied with the quality of a webinar, we will fully refund your money—no questions asked. If you purchase an annual all-access membership, you can cancel within 14 days for a full refund.
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