We represent clients in a wide variety of ERISA and non-ERISA litigation, including breach of fiduciary duty claims, class actions, multiemployer plan litigation, withdrawal liability, and benefit denial claims. Our ERISA and Benefits Litigation Practice Group is comprised of attorneys who have decades of experience in both defending against claims brought under ERISA, enforcing claims on behalf of plan fiduciaries, or assisting clients with non-ERISA claims.

Our experience covers a broad spectrum of industries, including insurance, financial services, retail, construction, telecommunications and manufacturing. Our ERISA litigation clients include employers/sponsors, fiduciaries, insurers, trustees, third-party administrators, and service providers. Regardless of the industry or client, we represent ERISA entities in all aspects of ERISA-related claims in suits brought by participants, beneficiaries and fiduciaries. As approved panel counsel for a number of major insurance carriers, we are also familiar with fiduciary liability insurance policies and carriers’ practices.

We have successfully defended and prosecuted ERISA matters in all stages of litigation, from the federal and state trial court level to appeals, and have successfully handled ERISA litigation matters nationwide. Our experience includes complex ERISA benefit litigation, such as claims for benefits due, stock drop litigation, retiree health and welfare benefits issues, ESOPs, managed care claims, withdrawal liability, prohibited transactions, fiduciary claims and benefit discrimination matters. We have a robust ERISA benefits collection and enforcement practice, and routinely advise clients on prudent and reasonable strategies for collection of benefits and enforcement of plan auditing programs.

We employ a proactive approach to ERISA litigation, resulting in efficient resolution of disputes while minimizing costs for our clients and discouraging future claims. We utilize an aggressive approach to litigation while being mindful of the need for prompt and early evaluation of claims and ongoing evaluation of opportunities for early resolution on favorable terms.

We have a deep awareness of the ancillary issues that arise in ERISA litigation. ERISA frequently overlaps with other substantive areas of the law, and our experience allows us to anticipate and address such issues. By tapping into the firm’s experience in employment, tax, health care, insurance coverage and securities litigation, we are able to develop effective, efficient strategies and achieve positive outcomes for clients.

Representative Experience

• Defending employers, insurers and fiduciaries against claims of wrongful denial of health, disability, life insurance, severance and pension benefits
• Defending third-party administrators against various claims, including claims processing litigation
• Benefit discrimination/retaliation litigation
• Defending breach of fiduciary duty claims against ERISA fiduciaries
• Collecting employer contributions and withdrawal liability payments
• Stock drop and excessive fee claims
• Litigation involving plan amendments