The frequency and intensity of litigation over employee benefits has increased dramatically in recent years.  In fact, ERISA cases rank among the most frequently filed cases in federal court.  Lawyers in our Group are highly experienced in handling all forms of ERISA litigation, arbitration and mediation.  Among the many types of cases handled by this team are:

• Individual and class action lawsuits alleging breaches of ERISA's fiduciary duty and prohibited transaction provisions;
• Challenges to plan denials of claims for benefits;
• Actions challenging particular investment decisions and/or 401(k) plan fees;
• Challenges to an employer’s termination of retiree health care benefits;
• Delinquent employer contribution and collection claims;
• Withdrawal liability matters arising under multi-employer plans;
• Pension Benefit Guaranty Corporation proceedings;
• US Department of Justice and US Department of Labor investigations and lawsuits; and
• Tax Court inquiries.

We have been active in defending a wide variety of fiduciary duty claims on behalf of employee benefit plans, plan trustees and plan service providers, including claims arising from significant plan investment losses, claims challenging plan amendments or terminations, and claims challenging plan restrictions on particular types of coverage.  We also assist clients in interpreting and enforcing fiduciary liability insurance and fidelity bond policies and negotiating complex settlements with insurance carriers.  We have also established an excellent reputation among the various governmental agencies, which enhances our ability to resolve contemplated litigation against our clients.

In the employee benefits field, we have been active in both litigating and resolving claims in cutting edge areas of the law, including cash balance plans controversy work, multi-plaintiff and class action claims for retiree benefits, and claims challenging unique restrictions on benefit coverage.  Our ERISA litigation proficiency has been sought in a wide variety of situations in which plan fiduciaries have been sued as a result of losses on employer stock held in defined benefit, 401(k), ESOP and other plans.

Representative examples of our experience in this area include:

• Obtained a summary judgment in a class action by 7,000 retirees alleging that our client violated ERISA by ending company funding for retiree health care benefits.
• Successfully defended a claim for partial termination of a defined benefit plan and unlawful retaliation arising out of a client hospital’s decision to terminate affiliate relationships with New York City’s public hospitals.
• Successfully defended a claim for change of control benefits under a “top hat” plan arising out of a second transfer of ownership of the plan sponsor.
• Identified potential ESOP related liability in a stock acquisition and successfully represented the buyer in negotiating terms which allowed it to avoid liability with respect to the ensuing litigation and $6 million settlement.
• Represented the fiduciary of a $500 million common trust fund, primarily invested in real estate, when litigation arose over the liquidity of the funds.
• Successfully defended a NYSE company after it eliminated retiree medical benefits and  the retirees filed claims.