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Employee Benefits and ERISA Litigation

Our attorneys provide advice and legal services regarding ERISA compliance, including advice on fiduciary responsibilities and prohibited transactions, audits by the Department of Labor and the Pension Benefit Guaranty Corp., representation in ERISA administrative claims and litigation, pension, profit-sharing and 401(k) plans, ESOPs and other deferred compensation programs, controlled-group analyses, IRS plan approval, IRS audits, correction of operational errors, and avoiding plan disqualification.

Our experience in handling ERISA-related litigation includes defending class actions in cutting edge managed care litigation, breach of ERISA's statutory disclosure mandates, and fiduciary requirements. We have also litigated numerous individual ERISA cases, including claims alleging:

  • Breach of fiduciary duties against plan fiduciaries;
  • Failure to pay promised benefits under pension plans, health & welfare plans, Section 125 plans and flexible spending account plans;
  • Failure to supply requested plan information;
  • State law breach of contract and misrepresentation claims (preemption and removal issues);
  • Failure to make contractually mandated contributions to multi-employer employee benefit plans; and
  • Statutory discrimination claims.