Practice

Litigation

We have extensive experience in litigating cases under ERISA and other law. Many of the cases that we have successfully litigated have been legal milestones in defining core legal issues. Our advocacy in the courtroom has led to judicial decisions establishing:

  • Who qualifies as a fiduciary under ERISA.
  • What constitutes a breach of fiduciary duty.
  • When may a trustee be removed for breach of fiduciary duty.
  • The constitutionality of the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA).

A significant portion of our litigation practice involves lawsuits brought by the Department of Labor against fiduciaries and providers of services. With extensive experience in all facets of these cases, our representation extends beyond the actual defense of the case. We provide counsel on related matters such as the ability of counsel to represent the plan and the fiduciaries, the operation of a plan during litigation, the reimbursement by the plan of the fiduciaries’ defense costs, and controversies involving coverage under the fiduciary insurance policy (including disputes with insurance carriers).

Subrogation

As a result of our experience in representing plans providing health and short-term disability benefits, we have developed sophisticated systems and expertise in pursuing a plan’s right to recover payments when a third party is liable to the participant. This representation results in significant savings to our clients, as the recoveries from third parties help lower the cost of health coverage.

Contribution Collection

Our substantial multiemployer plan client representation has resulted in the development of a unique expertise in the collection of delinquent contributions. We advise clients in developing, implementing and documenting payroll audit and delinquency procedures and policies. Members of the firm also have successfully litigated many cases to collect delinquent contributions. As a result, the firm has developed cost-effective systems for pursuing and collecting contribution delinquencies.

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