Disputes over employee benefits are becoming more common, bringing financial risk to employers and plan fiduciaries. Our ERISA Litigation team develops strategies and programs to address benefits disputes before they reach litigation.
We regularly advise clients on developing best practices, proper compliance, benefit claims and appeals procedures, and litigation avoidance approaches and, if necessary, defenses that can eliminate or minimize liability exposure.
When benefits disputes result in litigation, we defend clients in a wide-variety of cases in state and federal courts. We have experience in class actions, multiemployer pension fund withdrawal liability and contribution claims, fiduciary breach and prohibited transaction claims, actions involving 401(k), defined benefit pension plans, and employee stock ownership (ESOP) plans, as well as disputes involving non-qualified and top hat deferred compensation plans, disability claims and medical provider disputes.
We defend clients in U.S. Department of Labor (DOL) investigations and Internal Revenue Service (IRS) audits involving ESOPs and other retirement plans. We advise on compliance issues related to Pension Benefit Guaranty Corporation (PBGC), withdrawal liability and pension plans, investigations and subpoenas responses, as well as defending audit demands by multiemployer benefit funds and interview requests from government agencies.
Our ERISA Litigation team regularly collaborates with the firm’s labor and employment and government investigation lawyers. Our interdisciplinary approach provides employers with a well-rounded and coordinated source for advice, guidance and defense of potential litigation.