Pension, Benefits and ERISA Litigation

"[N]otable for having a team of seasoned trial lawyers with experience in ERISA litigation as well as employee benefits and executive compensation matters."

The Legal 500 U.S. 2022

Our Pension, Benefits, and ERISA Litigation group pairs the firm’s in-depth understanding of employee benefits and executive compensation matters with its seasoned trial lawyers. We have broad experience in litigation of complex employee benefits matters involving both ERISA and non-ERISA plans, including government-sponsored plans and foreign law governed plans of employers with multi-national workforces, and disputes arising out of executive employment, change in control and severance arrangements. Recently, we have also represented employers before the Centers for Medicare & Medicaid Services (CMS) related to healthcare plan issues. We focus on representation of employers, executives and plan fiduciaries of both funded and unfunded plans, including members of boards of directors, employees serving or acting at the direction of employers, administrative committees, investment committees, trustees and third-party administrators in the full range of complex benefits related litigation.

The firm’s lawyers have represented clients in single-plaintiff, multi-plaintiff and class action matters in a wide range of claim categories, including:

• Claims of improper plan termination
• Claims of diversion of plan assets
• Stock drop claims
• Excessive fee and other plan administration expense claims
• Benefit entitlement claims
• Breach of fiduciary duty claims
• Prohibited transactions claims
• Cash balance conversion claims
• Reimbursement and subrogation claims
• Retiree medical benefits claims
• Executive compensation claims
• Whistleblower retaliation (ERISA Section 510) claims
• Merger and acquisition related claims
• Medical provider claims against employer plans
• Claims related to service agreements between plans and third-party administrators
• Internal investigations related to alleged fiduciary breaches and plan asset management issues
• Administrative and other actions brought by the Department of Labor and Internal Revenue Service and issues arising before CMS
• Statutory and constitutional challenges to government pension plans and systems
• Claims of ultra vires activity by government pension trustees