Michael T. Graham is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Chicago office. Michael has over 15 years of experience focusing on employee benefits litigation and controversy matters. Michael has been selected as one of the top lawyers in the ERISA/Employee Benefits practice area by Illinois Super Lawyers magazine for his litigation and ERISA controversy practice in 2011 and 2012.
Michael principally focuses his practice on advising plan administrators and fiduciaries on proper compliance with ERISA’s claims and appeals procedures in an effort to avoid litigation or to provide possible defenses to eliminate or minimize liability exposure if litigation arises. Michael has successfully advised numerous clients on potential litigation matters involving pension, disability and severance plan disputes where a properly administered claims review process resulted in complete litigation avoidance even after litigation had been threatened.
If litigation ultimately results from a benefits controversy, Michael regularly litigates fiduciary breach, stock valuation and benefit denial issues involving a wide variety of pension and welfare benefit plans in federal and states courts around the country. Some of Michael’s litigation victories include representing a Fortune 500 employer in a pension dispute against federal agencies, defending plan sponsors in challenges related to reductions to retiree medical benefit plans, advising plan trustees in fiduciary breach lawsuits challenging the valuation of stock held in employee stock ownership plans, and defending plan administrators in challenges to adverse benefit claim determinations.
Michael also focuses his practice on advising plan administrators, fiduciaries and sponsors on compliance issues related to Pension Benefit Guaranty Corporation reporting and funding requirements and withdrawal liability. For example, he has successfully negotiated liability reductions for employers in connection with a PBGC reportable event, as well as matters involving withdrawal liability under multi-employer and multiple employer pension plans.
Michael is a member of the bar of the Supreme Court of the United States, the United States Courts of Appeals for the Third, Fifth, Sixth, Seventh and Eighth Circuits and the United States District Courts for the Northern and Central Districts of Illinois, the Northern and Southern Districts of Indiana, the Eastern and Western Districts of Wisconsin and the Western District of Michigan.
Michael is a member of the American Bar Association’s Joint Committee on Employee Benefits, and has written several articles on benefit plan administration and ERISA litigation and controversy issues, including:
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“Supreme Court Affirms That Plan Administrators’ Interpretations of a Plan Document Must Receive Deference” – Journal of Employee Ownership Law and Finance.
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“Supreme Court Clarifies Fiduciary Duty of Investment Advisers” – Employee Benefit Adviser.
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“Clarity for Plan Administrators” – Employment Law 360.
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“District Court Clarifies Standard for Providing Notice of Plan Limitations Provisions” – Pension & Benefits Week.
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“Expanded Remedies for Fiduciary Breach Claims” – Profit Sharing's Defined Contributions Insights Magazine.
Michael received his J.D., magna cum laude, from Valparaiso University School of Law in 1995 and his B.A. from the University of Illinois in 1992.
Education
- Valparaiso University School of Law, J.D., 1995
- University of Illinois at Urbana-Champaign, A.B., 1992
