Boards, executives, HR departments and individual plan fiduciaries face enhanced scrutiny with respect to plans under the Employee Retirement Income Security Act (ERISA), as plaintiffs’ firms launch new and more sophisticated attacks. As an employer, you must be prepared to address claims appropriately by communicating effectively with your employees, navigating the nuances of insurance coverage and developing a robust risk-mitigation plan.
This is handled most effectively after thoroughly considering your business objectives, organizational culture and the needs of your workforce—all while maintaining compliance with the complex mandates of ERISA. That’s where we come in.
Our purpose-built ERISA team combines the skill sets of dedicated ERISA litigators, leading trusted advisors in employee benefits law and experienced trial lawyers to bring you a holistic approach to addressing threats against your employer sponsored benefit plans, designed to manage your risk profiles and provide vigorous litigation defense when necessary.
Our services include representing clients in:
- 401(k)/403(b) Fiduciary and Prohibited-Transaction Litigation involving allegations of excessive recordkeeping and administrative fees, imprudent investment options (including “stock drop” cases), conflicts of interest, monitoring claims, and general fiduciary mismanagement
- Employee Stock Ownership Plan (ESOP) Fiduciary and Prohibited-Transaction Litigation involving ESOP transactions, valuation disputes, questions of fiduciary prudence, and plan operation
- Department of Labor (DOL) Audits and Investigations of retirement plans, health & welfare plans, insurers, and other ERISA-related issues
- Health & Welfare Plan Disputes including fiduciary-breach claims for imprudent management of self-funded health plans, excessive fees/premiums, and conflicts of interest
- Discovery Disputes Involving Service Providers including non-fiduciary record-keepers, valuation advisors, legal advisors, auditors, claims handlers, and third-party administrators
- Claims for Benefits (Retirement, Health & Welfare, Life Insurance) including defined-contribution and defined-benefit plan claims and calculations, administrative issues, forfeiture and vesting issues, disputes over plan terms and participant communications, and document requests
- Plan Adoption, Amendment and Termination Issues including questions of “settlor” v. fiduciary conduct, post-termination fiduciary obligations, severance disputes, and corporate changes affecting ERISA plans
- Regulatory Controversies including disputes over assessments of penalties and liabilities, and compliance with statutes implicated by ERISA plans
- Federal Court, State Court and ADR Proceedings including the substantive and procedural differences among various tribunals