ERISA Litigation

Our experienced team brings a nimble approach to resolving disputes in employee benefits and executive compensation. We understand that employers and plans need creative, tough-minded representation to address these increasingly complex disputes.

We represent employers and plans and – unlike many of our competitors – do not attempt to divide our loyalties with third party administrators, recordkeepers, and other plan vendors. Our clients count on us to vigorously represent their interests – and only their interests – in an evolving landscape of fiduciary litigation and enforcement. Because we routinely decline representations that would create divided loyalties, we are able to take more aggressive positions in these matters and secure better results for our clients.

Our litigation practice is fully integrated into our benefits and compensation team. Our leanly-staffed team specializes in litigating high-stakes issues before various courts and government agencies. We are also deeply experienced in resolving benefit claims, governmental audits, union arbitrations, contractual disputes with vendors, and issues in collective bargaining negotiations. In other cases, we have represented clients in and leading up to large class actions, often in collaboration with other firms.

Our recent experience includes the following:

• A complete victory (full IRS concession) on a $3.6 million worker classification issue in a dispute before the U.S. Tax Court.
• Successful defense against dozens of IRS and Department of Labor audits of qualified retirement plans, welfare plans, executive compensation arrangements, fringe benefit programs, and payroll tax filings, as well as favorable representation of numerous clients through the PBGC Early Warning Program.
• Agency approval of successful plan corrections under imminent threat of litigation by a client’s disgruntled former employee.

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