Claims for benefits may raise complex issues under the Employee Retirement Income Security Act of 1974, including preemption of state law, exhaustion of administrative remedies, identifying proper parties, and the scope of available relief. Claims alleging breach of fiduciary duty also can arise in a variety of contexts. We have litigated claims alleging improper recovery of surplus pension assets, prohibited transactions, breach of the prudence duty and failure to diversify investments. We have represented outside professional advisors, employers, trustees and administrators. Our lawyers have particular expertise in fiduciary duty issues involving employee stock ownership plans.
Claims regarding contributions to multiemployer plans can also take a number of forms.
Perhaps the most complex issues involve potential withdrawal liability under the Multiemployer Pension Plan Amendments Act. Collectively bargained plans raise additional issues under sections 301 and 302 of the Taft-Hartley Act. Employee benefits lawyers who specialize in plan design and tax issues provide a depth of substantive expertise and experience to our employee benefits litigation team. Our lawyers combine skills and experience from all the related disciplines to render effective and efficient representation to our clients. In addition to litigating claims, we advise claims administrators on strategies to minimize the risks of facing litigation and maximize the likelihood of success in any litigation.