As long as employers offer benefits to their employees, a need will exist for a proficient and strategic defense of ERISA claims. Clark Hill has substantial experience in ERISA litigation and in guiding clients through these turbulent waters.
Our ERISA litigators represent employers, fiduciaries, insurers, individuals, and third-party administrators regarding all manner of claims before federal and state trial and appellate courts and administrative agencies. Our litigation experience includes defending claims involving medical and disability benefits, discrimination, ERISA reporting and disclosure, multiemployer plan contributions, and withdrawal liability. We also have extensive experience in litigation matters relating to insurance benefits, nonqualified deferred compensation, beneficiary designations, ERISA preemption, and the interplay between ERISA and state law. Whether a single denial of benefits claim or a putative class action claiming discriminatory conduct or imprudent investments, we understand the issues and work with our clients to develop strategies for success.
Our ERISA litigators are supported by our vibrant ERISA services practice and have ERISA and other benefits litigation experiences, such as company stock or “stock drop” litigation and health and welfare benefit litigation, including denial of benefits litigation, such as disability, medical, and/or severance pay plan benefits. We also guide clients through claims alleging breach of fiduciary duty, multiemployer plan litigation, enforcement of subrogation rights, priority disputes, and pension plan litigation over alleged prohibited transactions. Notably, our litigators are skilled in ERISA-related class actions and appeals.
Our firm also advises employers and fiduciaries on methods for avoiding adverse claims. We are proactive with our clients and encourage and assist them in undertaking self-audits to address problems before they occur. Our clients appreciate this as an effective means of risk management and liability minimization. When matters reach the litigation stage, our team is experienced in handling claims both under ERISA and, where ERISA is inapplicable, under pertinent state laws.