Employee Benefits

Fiduciary Issues / ERISA Litigation

Over the last several years, there has been a substantial increase in the number of court cases filed by participants alleging breaches of fiduciary duty by plan administrators and employers. The complaints allege a variety of issues, including the failure of a fiduciary to properly offer and monitor the investment funds offered under a plan, and the reasonableness of fees charged to plan participants by the outside providers. We work with our clients to help them understand their fiduciary obligations and how best to establish procedures and processes that satisfy their obligations. We also help our clients avoid plan-related litigation and defend them if the need arises. The following is a brief list of the types of service and advice that we can provide to our clients:

  • Providing advice regarding fiduciary procedures and responsibilities in connection with plan investments, including employer stock, real estate, and mutual fund issues.
  • Guiding employers through ERISA's fiduciary provisions, including areas such as participant-directed 404(c) plans, participant education, and reporting and disclosure.
  • Working with clients to structure and follow the claims procedures in their various employee benefit plans.
  • Defending clients against claims involving retirement, health, life, disability, and severance benefits.
  • Training for committees and boards of directors on fiduciary procedures and responsibilities.
  • Assisting clients with assessing the reasonableness of fees paid to vendors, third-party administrators, and investment providers.
  • Defending clients in ERISA class actions and multiparty litigation.
  • Representing clients in connection with executive compensation and employment contract litigation.