The recent turmoil in the world economy has given rise to a dramatic increase in ERISA claims. As a result of companies closing, merging or trying to contain costs by modifying benefits plans, litigation under ERISA has increased significantly and may continue to escalate for the foreseeable future. The good news? We can help.

Quarles & Brady attorneys have long been advising and defending clients on ERISA matters of all types. Companies faced with these difficult issues can take comfort in having Quarles in their corner, helping them make the right decisions and protecting their interests in the most uncertain of times.

Our Employee Benefits and Executive Compensation Team helps plan sponsors, administrators, trustees and fiduciaries avoid litigation in the first place. And, when a case is filed, our ERISA Litigation Team strives to find the best, cost-effective resolution at the earliest stage in the litigation.

Why Quarles & Brady?

Quarles is well known for prompt, specialized, client-centric service. Our ERISA experience is broad and deep. We are the attorneys you can turn to. We approach difficult, emotionally-charged issues with calm, resolute and informed advice, letting you continue to focus on your business.

We have helped clients of all sizes, all over the country. Quarles’ ERISA Litigation Team is made up of seasoned litigators and has successfully resolved cases for major manufacturers, health care institutions, contractors, investment firms, and companies in the transportation industry.

Benefits Claims and Claim Process Litigation

Over the last few years, plaintiffs’ lawyers have targeted the claims review process, and proposed federal regulations will give them more ammunition to do so. In recent cases, they have challenged the burden of proof and the types of information available in discovery. Our attorneys can help you fend off unnecessarily intrusive discovery and help to ensure your administrative review process receives deferential review. Plaintiffs’ lawyers have also expanded the types of claims a 401(k) plan participant can bring, including claims for individual, rather than Plan, losses. Quarles’ ERISA Litigation Team can help you successfully defend against such claims.

Retiree Health Care Matters

The soaring cost of health care has caused many companies to take another look at their retiree health and welfare benefit plans with an eye towards terminating or modifying the plans. We have helped many clients analyze and revise their plans, including:

• Advising employers on issues relating to collectively bargained retiree health benefits and related litigation.
  
  
• Restructuring health plans to minimize the impact of health care reform and to maximize use of Early Retiree Reimbursement Program funds.
  
  
• Working with clients and consultants on the redesign of retirement programs, including the freezing or termination of defined benefit plans and consulting on the move to defined contribution plans.
  
  
• Advising clients regarding design and implementation of early retirement incentive programs.

Our emphasis is always on providing guidance that will help employers avoid litigation over retiree health matters. However, when litigation is unavoidable, we have successfully defended decisions to change retiree health benefits.

Fiduciary/Compliance Audits and 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. Claims typically asserted include claims that the fiduciary selected inappropriate investment options, improperly managed a plan’s investments, or contracted to pay unreasonable fees to outside providers. Our attorneys provide fiduciary training and advise on best practices for plan investment committees. We work with our clients to help them understand their fiduciary obligations and how to establish best practices that satisfy their obligations and avoid plan-related litigation.

We also represent clients during plan audits by the IRS and the U.S. Department of Labor, and we have significant experience advising clients in connection with correction programs sponsored by the IRS and the DOL. Our services also include:

• Advice regarding fiduciary procedures and responsibilities in connection with plan investments, real estate, and mutual fund issues.
  
  
• Advice regarding fiduciary aspects of retirement plan investments in the plan sponsor’s stock.
  
  
• 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 implement the claims procedures in their various employee benefit plans.
  
  
• 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.

Quarles & Brady also offers full-service executive compensation, benefits and compliance representation. Literature on those services is available upon request.

Multi-employer Contribution Matters

Multi-employer plans present unique issues both from a legal perspective and also a business perspective. Employers that participate in these plans must balance their own business needs and the requirements imposed upon them by these plans and the corresponding collective bargaining agreements. We regularly counsel on complete and partial withdrawal liability issues arising in connection with corporate transactions, workforce reductions, facility moves and shutdowns, and conversion from union to nonunion status.

We represent clients with respect to plan audits of contribution amounts, and defend employers in suits brought by multi-employer plans for additional contributions. In addition, we represent clients who have been assessed withdrawal liability to negotiate and resolve disputes over the amount, and initiate arbitration challenging the assessed amounts when appropriate.

Representative Experience

A few examples of our ERISA litigation experience include:

• Representing fiduciaries in retiree health benefit class actions.
  
  
• Defending class claims involving pension benefits.
  
  
• Defense of class action claims asserting violation of ERISA’s anti-forfeiture rules in connection with severance and retirement benefits.
  
  
• Representing employers in challenges to multi-employer plan withdrawal liability assessments.
  
  
• Defense of prohibited transaction claims.
  
  
• Representing employers challenging multi-employer plan claims that employers owe additional contributions, including claims about post-contract expiration obligations, alter ego claims, and disputes over proper employee classification.
  
  
• Defending a plan administrator’s decisions regarding the benefits implications of a plant closing.
  
  
• Representing employers in cases vindicating an employer’s right to set off worker’s compensation payments against pension payments, and to discontinue disability benefits in a pension plan.
  
  
• Representing employers and third-party administrators in individual LTD or STD benefits claims.
  
  
• Defending an actuarial firm against actuarial malpractice claims.
  
  
• Advising on plan corrections that eliminate concerns under ERISA’s anti-cut back provisions.

For more information on how we can help, please contact Mary Pat Ninneman at (414) 277-5153 / , Angie Hubbell at (312) 715-5097 / or your Quarles & Brady attorney.