Kutak Rock partners John Schembari and Brian Bartels will present the “Johnson & Johnson Litigation Highlights Significant Risks for Health and Welfare Plan Fiduciaries” webinar hosted by United Benefit Advisors (UBA) on Feb. 22, 2024, at 12 p.m. CT.

Since the introduction of the Consolidated Appropriations Act, 2021 and the enactment of the Transparency in Coverage Rule, there has been a potential increase in litigation risks surrounding fiduciary responsibility. This concern has become a reality with a federal lawsuit against Johnson & Johnson and its plan fiduciaries, alleging excessive payments for prescription drugs under its plan. The lawsuit accuses JNJ's fiduciaries of failing to adequately compare service providers and control costs for its prescription drug plan. This webinar will cover how brokers can help protect clients and prospects against these types of lawsuits.

John leads the firm's national employee benefits and executive compensation group and focuses his practice on minimizing his client’s legal risks while ensuring that their employee benefits and executive compensation programs align with their goals. He works with private, public and governmental employers on qualified and nonqualified retirement plans, employee stock ownership plans, insured and self-funded health plans, executive and incentive compensation programs, and other equity-based compensation arrangements. He advises compensation committees, ERISA fiduciaries, in-house counsel, and finance and human resources executives from companies of all sizes, including several of the largest employers in the U.S.

Brian works with clients on employee benefit plan issues and advises on group health plans, wellness programs, the Patient Protection and Affordable Care Act (ACA), HIPAA, ERISA, the No Surprises Act, mental health parity requirements, cafeteria plans, health savings accounts, and other health and welfare plans. He regularly drafts and negotiates service agreements and business associate agreements for employee benefit plans. Brian also prepares plan-related documents and employee communications and counsels clients on benefit plan design and administration issues. Additionally, he advises clients on employee benefit issues in the context of mergers, acquisitions, and divestitures.