Michael has more than 20 years of experience counseling on employee benefits and Employee Retirement Income Security Act (ERISA) litigation and controversy matters. He advises plan administrators and employers on proper compliance with ERISA claims and appeals procedures, helping them avoid litigation and develop defenses to eliminate or minimize liability exposure should litigation arise.
Michael has successfully advised numerous clients on pension, disability, healthcare, and severance plan disputes, implementing properly administered claims review processes that have resulted in complete litigation avoidance, even in the face of threatened litigation.
When benefit matters result in litigation, Michael regularly litigates fiduciary breach, Employee Stock Ownership Plan (ESOP) valuation, and medical and pension benefit denial issues involving a wide variety of pension and welfare benefit plans in federal and state courts across the country. He has also litigated ERISA-based class actions and plan-wide fiduciary disputes for a variety of clients and plans.
Michael also advises plan administrators, fiduciaries, and sponsors on compliance issues related to Pension Benefit Guaranty Corporation (PBGC) reporting requirements and withdrawal liability. He represents pension plans, including ESOPs, before the U.S. Department of Labor, responding to audits and subpoenas and defending interview requests and administrative depositions.
Michael has been involved in precedent-setting cases that have created law in the areas of ERISA reimbursement rights, recovery of pension overpayments, ERISA estoppel, and ESOP valuation.