ERISA Litigation

ERISA Litigation

We represent employers, plans, plan fiduciaries, insurers, bank trust departments, trust companies, investment advisors, Taft-Hartley plan trustees and other types of plan fiduciaries and service providers. Our experience covers ERISA lawsuits in federal and state courts, arbitrations (including arbitration of multi-employer plan withdrawal liability disputes, disputes arising under collective bargaining agreements and disputes arising under executive compensation arrangements and agreements), administrative claims proceedings and other dispute resolution proceedings under employee benefit plans and executive compensation arrangements.

Our lawyers handle all types of benefit claims litigation (pension and 401(k), health, life, disability, etc.), and regularly represent plan fiduciaries in disputes related to compliance with ERISA's fiduciary duties and other aspects of plan administration. In benefits litigation, we represent all types of employers and plan sponsors, including publicly traded companies, privately held companies, schools and other governmental employers, and churches and other nonprofit organizations.

In a wide range of ERISA litigation, we have represented clients in lawsuits alleging:

  • Breach of fiduciary duty
  • Prohibited transactions and other statutory violations
  • Entitlement to benefits under retirement plans, severance pay plans, and life, health and disability plans
  • Fiduciary liability insurance matters
  • Withdrawal liability and delinquent contribution claims
  • Disputes with the Department of Labor, the Pension Benefit Guaranty Corporation and the Internal Revenue Service

We win cases by applying a nuanced understanding of ERISA's complex statutory provisions, regulatory requirements and case law, including:

  • Federal subject matter jurisdiction and removal under the complete pre-emption doctrine
  • ERISA's special venue, service of process and standing provisions
  • ERISA pre-emption and the scope of the savings clause for laws regulating insurance, banking and securities
  • Standard of review and exhaustion of administrative remedies rules applicable in benefits cases
  • ERISA-specific defenses, including section 404(c) and statute of limitations defenses
  • The specific and limited remedies available under ERISA

We have been appointed to represent insureds in ERISA litigation matters by the largest fiduciary liability insurance carriers in the country.

Contact

Philip J. Gutwein II, Indianapolis
+1 317 237 8271
Steven L. Severson, Minneapolis
+1 612 766 7310

Rankings & Awards

Faegre & Benson was recognized as a Go-To Law Firm® for litigation (Corporate Counsel, 2011)

Faegre Baker Daniels Colorado, Indiana and Minnesota offices received top tier ranking for employment law (Chambers USA, 2011)

Related Practices

Employee Benefits
Employment Litigation
Executive Compensation
Labor, Employment & Benefits
Litigation & Advocacy
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