ERISA Litigation

Retirement Plan Litigation

• Defending 401(k) plan fiduciaries against fiduciary duty claims involving plan fees (e.g., recordkeeping, managed account, and fund fees) and investments (e.g., claims based on performance, share class, and employer securities).
• Representing management consulting, investment advisory, and recordkeeping firms in connection with discovery.
• Defending ESOP-specific service providers against challenges to their investment advisory or valuation services by the Department of Labor or plan participants.
• Assisting ESOP companies and trustees in connection with governmental investigations.
• Defending plans and fiduciaries against claims for civil penalties in connection with plan filings with the Department of Labor (e.g., Form 5500 or independent audit reports).
• Defending plans in claims involving benefits, including complications caused by plan terminations, competing claimants, lost paperwork, and historical acquisitions and reorganizations.
• Defending plans against “controlled group” liability claims brought by the PBGC.
• Defending contributing employers in withdrawal liability disputes.

Health & Welfare Plan Litigation

• Defending plans and fiduciaries in claims involving benefits, including the overlay of
  • The Mental Health Parity and Addiction Equity Act
  • Out-of-network provider claims
  • Coordination of benefits, subrogation, and overpayment disputes
• Defending fiduciaries against fiduciary duty claims involving allegations of excessive plan costs and miscalculation of participant co-pays and deductibles.
• Defending plans and fiduciaries against statutory claims, including challenges to wellness programs and claims for failure to provide required plan information upon request.
• Representing plans in disputes with service providers.