Related Practices

Tax

Employment Class Actions

Employee Benefits

Government Litigation

ERISA Litigation

Related Industries

Additional Bios

Languages

Admitted to Practice

Washington

Oregon

Alaska

Richard (Rich) Birmingham

Partner

richbirmingham@dwt.com
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Seattle
206.757.8145 direct
206.757.7145 fax

Rich Birmingham focuses on legal representation and consulting in the areas of design and administration of employee benefits plans. Rich has served as both defense and plaintiff's counsel in ERISA litigation matters. His command of both the substantive and litigation areas of ERISA often enables him to obtain dismissal or settlement prior to trial.

Consulting experience

Rich's consulting experience includes the representation of multiple employer welfare arrangements (MEWAs), multiple employer pension plans, and multiple employer defined contribution plans. He regularly consults on single employer welfare plans, single employer pension plans, cafeteria plans, employer stock option plans, fringe benefits, deferred compensation plans, and executive compensation. He is also familiar with the benefit issues involving tax-exempt entities, and governmental and taxable entities. Additionally, Rich has successfully handled plan audit issues with both the IRS and the Department of Labor.

ERISA litigation experience

Rich has broad litigation experience involving: single employer plans, multi-employer (union) plans, nonqualified top-hat plans, retiree medical plans, welfare and disability plans, pension fraud, and ERISA pre-emption. He has been both plaintiff’s and defense counsel in ERISA class action lawsuits. Representative cases include:

Selected Experience

Pierscieniak v. Volt Information Sciences, Inc.

Secured summary judgment on behalf of Volt Information Sciences in a class action suit involving allegations that the vesting provisions in the company's 401(k) plan violated ERISA. (2010)

Air Line Pilots Association, International Union v. Alaska Airlines, Inc.

Represented defendant in a complex arbitration involving interest and mortality changes required by the Pension Protection Act and the ability of defendant to make unilateral amendments to the Plan due to changes in the tax code. Won a complete victory for Alaska Airlines, Inc., which saved the pension plan millions of dollars a year in additional pension costs. (2009)

Strunk v. Public Employees Retirement System*

Successfully represented non-union workers in $2.2 billion suit against Oregon's Public Employees Retirement System (PERS). (2007)

Compton v. Port of Seattle and Jones v. Port of Seattle*

Summary judgment for the Port of Seattle in class action alleging wrongful Social Security contributions for port police officers and port firefighters. (2004)

Spear v. Alaska Electrical Workers; Garrison v. Alaska Carpenters; Alleva v. 302/301 Operating Engineers; Street v. Alaska Laborers; Thayer v. Alaska Teamsters

Represented union workers (George Spear, Vern Garrison, Ron Alleva, Paul Street and Kenneth Thayer) in class action against union pension fund over partial termination of benefits. $90 million settlement. (1996)

Eidem v. Board of Trustees of Local 290 Plumber, Steamfitter & Shipfitter Industry 401(k), Pension Trust and Welfare Trust*

Represented class plaintiffs in a lawsuit alleging breach of fiduciary duties in connection with the Trusts' investments with Capital Consultants (based in Portland, Ore.). Capital Consultants ran a Ponzi scheme and investors lost more than $300 million, of which approximately 60 percent has been recovered. The claims against the Trustees were settled for $3,738,864.

Gilmore v. Columbia Falls Aluminum Company*

Served as special ERISA defense counsel in a $122 million class action alleging breach of contract and breach of fiduciary duties with regard to a profit sharing plan. Case was removed from state to federal court (U.S. District Court, Montana). The case was settled six years later, after the court ruled that employees had a state law cause of action that did not implicate ERISA.

Hoffman v. Regence Blue Shield*

Served as special ERISA counsel for the defense in this class action lawsuit, which involved the alleged failure to provide proper reimbursements for health care rendered by alternative care providers. This case was settled on terms favorable to the defendants.

McPherson v. Board of Trustees of the Eight District Electrical Workers Pension, Welfare and 401(k) Trusts*

Represented class plaintiffs in a lawsuit alleging breach of fiduciary duties in connection with the Trusts' investments with Capital Consultants (based in in Portland, Ore.). The claims against the Trustees were settled for $5,250,411. In addition, settlements for $11,425,000 and $900,000 were reached with third-party consultants.

Rosen v. Blue Cross of Washington and Alaska*

Served as co-counsel for the defense of this ERISA class action lawsuit, in which the plaintiff class had alleged a breach of fiduciary duty, breach of contract, and violation of state insurance regulations. The case involved the alleged failure to pass through provider discounts. This case was settled for under $1 million.

More Experience >>

Additional Qualifications

Professional and Community Activities

Former Adjunct Professor, Pension & Profit Sharing, Seattle University School of Law
Former Contributing Editor, Compensation and Benefits Management (a national quarterly)
Executive Compensation and Employee Benefit Committee; Employee Benefits Committee; Welfare Benefit Committee – American Bar Association
Seattle Pension Roundtable
Western Pension Conference

Professional Recognition

Named as one of the "Best Lawyers in America" in Employee Benefits Law by Woodward/White, 1993-present
Named as the “Seattle Best Lawyers Employee Benefits (ERISA) Lawyer of the Year” for 2012 by Woodward/White
Selected to “Super Lawyers” in Employee Benefits, Washington Law & Politics
Selected to “Who’s Who in American Law,” “Who’s Who in Practicing Attorneys,” and “Who’s Who in Emerging Leaders"

Education

LL.M., Taxation, Boston University School of Law

J.D., Seattle University School of Law