ERISA and Employee Benefits Practice Area

Philosophy

Perhaps no other area of the law has been subject to such dramatic change as litigation involving ERISA matters. As a testament to this change, the U.S. Supreme Court always has several ERISA matters on its docket each term. Because of the speed at which the legal landscape can change in ERISA, our attorneys endeavor to "stay ahead of the change" concerning new developments. Our attorneys are active in various bar associations and other groups concentrating on ERISA matters and the future direction the legal landscape. As a consequence, we are well positioned to provide not only exceptional legal advice on the handling of a case today, but also on the strategy to employ in the future.

When we are assigned a case, we undertake a thorough review of both the procedural and substantive issues involved and provide an initial substantive evaluation and budget and recommend a cost effective strategy for resolution. We provide advice on the relationship between state and federal law under ERISA and the preemptive effect of ERISA and the interplay between the state and federal courts to hear and decide ERISA matters.

Experience

Our attorneys have experience in various facets of ERISA litigation, including:
  • Representation of fiduciaries and their insurers in breach of fiduciary claims
  • Representation of both pension plans and welfare plans for benefit claims
  • Representation of employers in claims brought under Section 510 of ERISA
  • Withdrawal liability and delinquent contributions claims under Title IV of ERISA
  • Representation of employers, plans and fiduciaries in bankruptcy
  • Representation of insurance providers in fiduciary coverage disputes

Types of Claims for Representation of Employers, Fiduciaries and Plans in ERISA Litigation

Employers and other associations are increasingly being named parties in lawsuits concerning matters that touch on ERISA, whether it be claims for benefits, claims for discrimination for interfering with benefits or claims that the employer acted improperly in its fiduciary status.

In claims for benefits, although the Plan itself is the entity that will ultimately provide the benefits, employers and fiduciaries frequently are named as additional defendants.

Claims may also be brought by individuals, or the Department of Labor, against fiduciaries alleging the fiduciaries violated their specific duties under ERISA, including:

  • Breach of duty to operate the plan for the "exclusive benefit" of the participants
  • Breach of duty for operating the plan under an improper standard of care
  • Breach of duty for failure to diversify investments of the plan
  • Breach of duty for failure to follow the plan documents
In addition, fiduciaries may also be liable for breaches concerning "self-dealing" between them and the plan and for allowing the plan to engage in certain transactions with "parties in interest" that do not receive an exemption.

Claims may also be brought against an employer for allegations that the employer discharged or otherwise adversely affected the employee with the purpose of interfering with the employee's rights to benefits.

Lastly, claims can be brought against any of these entities alleging violations of the substantive provisions of ERISA such as vesting, benefit accrual or unlawful "cutbacks" in benefits.

Specialized Knowledge

Representing employers and fiduciaries in litigation involving employee benefit plans requires specialized knowledge -- knowledge of special ERISA procedures and remedies; knowledge of the interaction of various employment and labor laws with ERISA and tax laws related to employee benefit plans; knowledge of the duties, responsibilities and liabilities imposed by ERISA on employers and other fiduciaries; and knowledge of the design and operation of employee benefit plans. Issues that we typically encounter in ERISA litigation include:
  • Federal subject matter jurisdiction and removal under the complete preemption doctrine
  • ERISA preemption and the scope of the savings clause for laws regulating insurance, banking and securities
  • The interplay between state and federal law concerning divorce decrees that may be qualified domestic relations orders
  • The standard of review of decisions of plan administrators and/or fiduciaries
  • Failure to exhaust administrative remedies
  • The action of fiduciaries as giving rise to liability

Partner Participants

ERISA Related Articles

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