Employee benefit plan litigation is on the rise. Increasingly complex regulations have made it easier for employers to fumble some aspect of plan administration, which can then give employees an opportunity to cry foul. Additionally, many types of employee benefits (e.g., health insurance, retirement plan benefits, etc.) have become more valuable, providing employees and other plan beneficiaries greater incentive to fight over a possible reduction or loss of benefits. Some high-profile cases have attracted the attention of plaintiffs’ attorneys, who now view employee benefit plan litigation as a fruitful source of future work.
We work to resolve litigation effectively and efficiently. We have a tremendous track record of managing and prevailing on: class action litigation, actions for benefits and fiduciary breach, Department of Labor and IRS investigations, and auditing.
We have represented plan sponsors, administrators, and fiduciaries in single-plaintiff and class action litigation brought under ERISA, COBRA, and other statutes. We regularly assist plan sponsors and plan administrators, prior to litigation, in managing disputes raised under the plan’s claims procedure. We have handled defined benefits, defined contributions, fringe and welfare benefits, and top-hat and withdrawal liability litigation.