Willkie’s ERISA trial lawyers are known for their creativity and practical approach in handling complex matters in this intricate area of law. Our team includes Chambers and Legal 500-recognized individuals with deep experience in ERISA and related matters. We collaborate with clients to successfully resolve high-stakes disputes on the best possible terms for our clients, whether through proactive advice to avoid extensive litigation, or through the trial and appellate process, when that is the best route to outstanding results.
We regularly represent employers and ERISA fiduciaries in federal courts around the country in both individual and class action lawsuits. We have been involved in precedent-setting cases that have created law across an array of areas including ERISA plan fee litigation, reimbursement rights, recovery of pension overpayments, ERISA estoppel and ESOP valuations, among many others. Our experience encompasses virtually all areas of disputes involving employee benefit plans, including:
- Section 401(k)/403(b) claims for breaches of fiduciary duty and prohibited-transactions
- Employer stock litigation including stock drop claims and investment challenges
- Employee stock ownership plan (ESOP) litigation concerning stock valuation, fiduciary breach and prohibited transaction claims
- Department of Labor investigations and litigation involving retirement plans and health and welfare plans, retirement plans and ESOPs
- Bankruptcy-related claims
- Claims for benefits under executive compensation, retirement, and health and welfare arrangements
- Claims arising from voluntary severance plans and other reductions-in-workforce issues
- Multiemployer pension plan withdrawal liability disputes
- Taft-Hartley litigation including claims for contributions to multiemployer benefits plans
Our lawyers also provide strategic advice and counseling to plan administrators, fiduciaries and sponsors on compliance issues related to Pension Benefit Guaranty Corporation reporting requirements and investigations. We also work with in-house counsel and with human resources and benefits professionals in developing and implementing programs and strategies for avoiding benefits litigation.
Willkie’s ERISA litigation practice draws on the skill and experience of our transactional benefits, labor and employment, securities litigation and other attorneys. This multidisciplinary approach enables our ERISA team to analyze potential and actual benefits disputes from all angles and to provide our clients with thoughtful, commercial solutions that address their business needs and goals.