ERISA Litigation

Our ERISA knowledge, combined with our litigation and trial experience, provides our ERISA Litigation practice with nationwide impact. This dynamic and ever-evolving practice group is comprised of lawyers possessing experience in a wide variety of litigation and administrative proceedings involving employee benefit plans. We regularly represent employers as plan sponsors and plan administrators in both routine and complex employee benefits litigation. In addition to litigating employee benefits matters, we counsel large and small companies and fiduciaries both in anticipation of litigation regarding employee benefits issues and in dealing with regulatory agencies.

What Sets Us Apart

Our litigation capabilities are enhanced by our firm’s broad experience with retirement and welfare benefit plans, administrative service contracts, and plan administration. Due to our strong labor relations practice, we hold significant experience in negotiating benefits claims (including plant closure benefits), controversies regarding multi-employer plan issues and contributions, and litigation and NLRB charges relating to benefits. We have successfully defended equal employment claims, including claims of benefits discrimination under the ADA and ADEA.

What We Do

The following types of matters handled by members of our ERISA Litigation group demonstrate our depth of experience and the complexity and range of issues that we litigate. These are critical factors in selecting counsel for benefits litigation and for advice in litigation-sensitive matters.

• Breach of Fiduciary Duty Claims
• Health and Welfare Benefits Claims
• Pension Litigation
• Plan Administration Claims
• ERISA §510 Interference with Benefits
• Litigation over Changes to Retiree Medical Benefits
• Litigation with Government Agencies
• Cases Alleging Failure to Comply with the Reporting and Disclosure Requirements of ERISA 
• MPPAA Withdrawal Liability Cases
• Multi-employer Plan Contribution Cases
• ESOP-related litigation
• Subrogation Cases
• Claims Against Service Providers
• Executive and Deferred Compensation Arrangement Cases
• COBRA Class Actions

Representative Matters

• Represented investment committee of 401k plan of publicly traded company under O&D policy in stock drop class action involving company stock fund.
• Defended top hat retirement plan against claims for denial of benefits and interference with ERISA rights asserted by group of former executives who made unauthorized plan amendments in an effort to increase their own benefits under the plan.
• Represented insurance company’s defined benefit plan in connection with former employee’s claim for benefits involving an estoppel theory based on purported oral statements contradicting the plan’s summary plan description.
• Obtained summary judgment for Employee Stock Option Plan in multi-million dollar claim for breach of fiduciary duty.
• Represented multiple plan sponsors regarding ERISA top hat plan litigation and claims for deferred compensation in several jurisdictions.
• Represented mid-size trucking company in class action litigation involving valuation of ESOP stock.
• Represented several large and small health and welfare plan sponsors in various claims for benefits.
• Represented ESOP plan sponsor in claim against third-party audit firm for malpractice.
• Represented plan sponsor against third-party administrator in seven-figure claim for mishandling contributions to pension and health and welfare plans.
• Represented various employers across the construction spectrum, including masonry, electrical, welding, HVAC, plumbing, pipefitting, sheet metal, and others, against claims for delinquent contributions from trustees of Taft-Hartley fringe benefit plans.