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Find Lawyers in America for Litigation - ERISA
Practice Area Overview
The Employee Retirement Income Security Act of 1974 (commonly known as “ERISA”) governs pension and welfare benefit plans offered by private employers and protects the rights of participants and beneficiaries in these plans. The public enforcement of ERISA provisions is handled by the Department of Labor, the Department of the Treasury (particularly the Internal Revenue Service), and the Pension Benefit Guaranty Corporation. Litigation between private parties under ERISA is subject to an intricate and complex federal enforcement scheme that has been repeatedly honed and construed by the Supreme Court and lower federal courts.
Lawsuits arising under ERISA include disputes over benefits denials and exclusions from coverage, claims regarding fiduciary obligations and liability, efforts to enforce plan subrogation rights, and suits challenging or in connection with the termination of funded or under-funded pension plans. These matters encompass ERISA pension plans, disability plans, and health benefits plans, and often take the form of class actions. Parties represented in ERISA litigation matters can include the ERISA plans themselves, plan administrators, insurance companies, health maintenance organizations, employers, and participants and beneficiaries. ERISA matters also often involve the extent to which state law is preempted or saved under a special “insurance” saving clause in ERISA, as well as complicated jurisdictional questions.
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Mark sues insurance companies when they fail to pay claims. Varnum represents only insureds in these matters. Mark has helped shape the landscape of Michigan Insurance Law since 1985.He is regularly asked to speak on insurance issues for continuing legal education programs, and at other bar related activities. Mark is also Varnum's lead attorney in litigation matters dealing with employee benefit issues under ERISA. He has handled all facets of employee benefit litigation, from benefit claims...
Andrew Altschul mediates employment and ERISA disputes. In addition to his mediation practice, Andrew handles federal and state court appeals of employment litigation, provides day-to-day employment counseling, litigates ERISA benefit matters, serves as settlement counsel, and provides collective bargaining representation primarily for non-profit organizations. He also consults small law firms on law firm management. Andrew has over 20 years’ experience representing both employers and e...
Bill Banowsky focuses his practice on complex business litigation and arbitration, securities litigation, and corporate governance investigations. He also represents national and international energy industry clients in various disputes involving contract rights and business torts. In recent years, he has become involved in numerous disputes representing healthcare providers including hospitals, ambulatory surgery centers, medical device suppliers, physician groups and ancillary providers. Mr...
Ronald Berenstain, a partner in the firm's Litigation practice, has been lead counsel in scores of high-stakes securities and corporate governance cases for more than 30 years. His practice is focused on representing public companies and their officers and directors, as well as underwriters and accountants in shareholder class action litigation, shareholder derivative litigation, merger and acquisition litigation, Employee Retirement Income Security Act (ERISA) class action litigation, Securi...
Rich Birmingham has over 30 years of experience in both employee benefit consulting and ERISA litigation. He is one of the few lawyers in the country who is listed in "Best Lawyers in America" in two employee benefit categories—ERISA law and ERISA litigation. His command of both the substantive and litigation areas of ERISA enable him to give practical proactive advice when consulting with clients and to obtain early dismissal or settlement when litigating ERISA matters. Rich is a frequ...
More than 30 years of commercial litigation experience. Trusted advisor and trial counsel to banks, lending institutions and a variety of organizations. Recognized by his peers for his expertise at the intersection of litigation and transactional law. Steve Abelman helps clients achieve positive resolutions to business disputes. He understands the value of relationships for achieving a client’s objectives and provides his clients with the critical information and insights necessary for ...
James J. Brosnahan is named among the top 30 trial lawyers in the United States, according to the Legal 500 US . A lion of the trial bar , James J. Brosnahan is one of the most respected and recognized trial lawyers in the United States. Mr. Brosnahan has more than 50 years of experience in both civil and criminal trial work. He regularly undertakes complex cases that are about to go to trial. He has tried, to conclusion, 150 cases. The cases have ranged from anti-trust to wire fraud and from...
With more than 20 years of experience as a trial attorney, Russell Buhite focuses his practice on life, health and disability insurance coverage litigation, as well as myriad ERISA matters. He is also experienced in defending employers in employment law matters before the EEOC and in state and federal courts. Russell also represents a wide range of professionals including agents, brokers, attorneys, appraisers, engineers and others in all manner of alleged malpractice and errors and omissions...
Joe Callow leads litigation matters on a national, regional, and local basis. Joe works primarily on complex litigation. He has experience in class actions/collective actions and multi-district litigation, as well as environmental, securities, IP, antitrust, and commercial litigation. Joe currently represents several state Attorneys General in complex litigation. Joe was one of the lead litigation counsel for the State of Ohio in its litigation against opioid distributors that resulted in an ...
As a partner in Keller Rohrback’s nationally recognized Complex Litigation Group, Cari Laufenberg maintains a national practice representing consumers, employees, and institutions in complex consumer and employee class actions involving corporate fraud, privacy and data breach issues, breach of fiduciary duty, and the Employee Retirement Income Security Act (ERISA). Since joining Keller Rohrback, she has played a key role in obtaining multi-million-dollar recoveries for consumers, emplo...
Mr. Carney's practice is grounded in federal, state, and local tax codes and regulations. He works directly with clients in employee benefits, tax planning, and estate planning. He understands the need to navigate these complex laws while providing options for each unique situation. His practice areas include but are not limited to the following: Employee and welfare benefit plans of private, tax-exempt, and governmental employers Other post-employment benefit trusts Executive compensation Co...
Mr. Cate is a litigation attorney in the firm’s Northwest Arkansas office. His practice focuses on commercial litigation, including litigation concerning ERISA, employment, mortgage servicing, real estate, media law, eminent domain, products liability, and class action defense. His experience includes representing defendants in putative class actions filed in Arkansas and Missouri regarding Internet practices, defending a national mortgage servicer in a putative class action concerning ...
Stacey C.S. Cerrone is a principal and office litigation manager of the New Orleans, Louisiana, office of Jackson Lewis P.C. and a core member of the Employee Benefits and the ERISA Complex Litigation practice teams. Her nationwide practice focuses on the defense of complex ERISA class actions filed against public and private single employer ERISA plan sponsors and fiduciaries, as well as multi-employer plans and fiduciaries and ERISA plan services providers. Stacey litigates a wide variety o...
Chip Chiles litigates business-related disputes at trial and on appeal. As lead counsel, he recently represented investors accused of breaching a multimillion-dollar contract to invest in a nutritional-supplement business in California. A federal jury in Los Angeles not only rejected the claim for over $21 million against the investors but awarded the investors $5 million in compensatory and punitive damages for securities violations and fraud by the party who sued them. The court later award...
J.S. "Chris" Christie practices in Dentons Sirote’s Litigation group, based in Birmingham, Alabama. He has handled False Claims Act, class action, and bet-the-company cases, cases involving stock valuations, financial expert witnesses, and statistical expert witnesses, and appeals to the Supreme Court of Alabama and to the federal Circuit Courts of Appeals. He frequently speaks and publishes on employee benefits, legal ethics, and trial techniques. In employee benefits litigation, Chris...
Tom Clark serves as the firm's Chief Operating Officer and leads the firm’s St. Louis office. His expertise encompasses all aspects of employee benefits programs, including the design, implementation and compliance of retirement plans, health and welfare plans, and executive and incentive compensation arrangements. He also has a robust practice assisting covered service providers in meeting their ERISA compliance needs. Mr. Clark’s vast litigation experience complements the firm&r...
Employers faced with complex employment and employee benefit claims count on Emily Seymour Costin to resolve disputes at the beginning stages with maximum efficiency. In addition to managing active cases, she advises clients on proven strategies to avoid future litigation. Emily leads the firm’s ERISA Litigation practice. She regularly represents employers, plan sponsors, insurers, and fiduciaries in litigation over benefits and fiduciary matters under ERISA, including those involving i...
Chris Crevasse focuses his practice on employee benefits, the Affordable Care Act (ACA), and other aspects of employment law, including immigration law. He assists his clients with the design, drafting, and updating of retirement plans and other employee benefit plans; with ERISA and federal tax compliance; with benefit plan administration and audits, including audits by the IRS and DOL; and with resolving employee benefits issues through the IRS and DOL correction programs. He also counsels ...
Byrne J. Decker, partner at Pierce Atwood LLP, has a national practice in employee benefits/ERISA litigation. He defends benefits cases in both ERISA and non-ERISA contexts, including in particular, complex benefits cases and class actions. Byrne has appeared in district courts in virtually every federal judicial circuit and also has an active appellate practice with respect to benefits issues. In addition to defending appeals in several Circuit Courts of Appeals and State Supreme Courts, he ...
Charles (“Chuck”) Dyke leads the firm’s national ERISA Litigation practice. His experience includes defending complex breach of fiduciary duty claims, litigating pension plan termination cases, and handling appellate matters. Chuck also has significant experience litigating trade secrets and complex commercial cases. He has been recognized as a “Northern California Super Lawyer” each year since 2007 and is listed in Best Lawyers in America . Chuck speaks and writ...
Stephen Fitzgerald represents individuals in employment and personal injury matters in Connecticut’s state and federal courts. He also represents railroad workers in courts throughout the country. Steve has won several multi-million dollar jury verdicts for his clients. His peers have ranked him as a Connecticut Super Lawyer since 2011, as the Super Lawyer Employment Lawyer of the Year for 2012, and he has been named Best Lawyer of the Year for Labor & Employment Litigation in the N...
Cove Geary is a partner in the Litigation Practice Group, where he counsels clients with respect to a broad range of disputes. Cove represents and advises clients in connection with energy litigation; life, health, and disability insurance, and Employee Retirement Income Security Act (ERISA) litigation; aviation litigation; insurance coverage issues; commercial disputes; professional liability matters; and class action litigation. Cove leads the firm’s insurance coverage practice team. ...
Lars Golumbic serves as the co-chair of the firm’s Litigation Practice. His ERISA litigation practice includes the defense of “excessive fee” and ESOP class actions brought against plan sponsors, fiduciaries, and service providers. Lars also represents health plan sponsors and health insurers in actions brought under the Mental Health Parity and Addiction Equity Act. Additionally, Lars defends plan trustees, fiduciaries, companies and their board members, and service provide...
Gary Gotto's diverse experience helps him meet his clients' diverse needs. Gary is a member of Keller Rohrback's nationally recognized Complex Litigation Group. He has a broad range of practice experience and interests, including all aspects of corporate and real estate transactional work, securities issuance and compliance, Chapter 11 bankruptcy and workout matters, and general commercial and ERISA litigation. Gary speaks and teaches regularly on a number of topics, including an annual real ...
Neil has successfully handled hundreds of withdrawal liability cases across the country and regularly collects millions of dollars for his clients. His ERISA litigation practice focuses on matters for multiemployer trust funds, with an emphasis on: Withdrawal Liability Controlled Group Liability Bankruptcy Claims Asset Sales/Stock Sales Delinquent Contributions Successor/Alter Ego Liability Within Pennsylvania and the surrounding states, Neil represents various multiemployer trust funds spons...
More than ever, companies face a constant evolution of health and welfare regulations for their employee benefit plans. Amy Heppner’s Fortune 500 clients rely on her experience and sound guidance on remaining compliant. Counsel in the Employee Benefits & Executive Compensation Group, Amy provides practical guidance to clients on how to comply with the myriad federal and state laws that impact employer-sponsored health and welfare benefit plans.
Leigh Anne Hodge is a partner in the firm's Birmingham office and is an active member of the Health Care Practice Group. Ms. Hodge counsels health care clients on a range of matters, including medical malpractice, products liability, ERISA litigation, class action, managed care litigation involving reimbursement and quality-of-care issues, insurance disputes, arbitration, insurance fraud, any willing provider laws, and constitutional and statutory challenges to legislation and regulation. She...
Elizabeth Hopkins is a senior partner at Kantor & Kantor. After a long and fulfilling career at the United States Department of Labor, where she gained substantial experience working on pension, healthcare, and other ERISA issues, she joined the firm in 2018. She represents clients who have been denied a pension, healthcare, disability, and life insurance benefits. She has practiced in the ERISA field since 1989 and is a passionate, knowledgeable, and creative advocate for those who have ...
ERISA-focused attorney with expertise in employee benefit litigation. Regarded for dedicated client service, creative problem solving and deep knowledge of ERISA Taft-Hartley trusts, specifically MPPAA withdrawal liability. A litigator focused on ERISA governance, Chris Humes uses his employee benefits expertise to navigate issues with trusts, regulatory compliance, litigation and dispute resolution. Chris helps ensure multiemployer trust funds’ employee benefit plans comply with federa...
Brad has been practicing in the employee benefits field for over forty years, and his practice is primarily in the areas of ERISA litigation, fiduciary responsibility matters, qualified pension and profit sharing plans and Department of Labor investigations. Brad serves as a private mediator in ERISA litigation matters and has been appointed as an Alternative Dispute Resolution Neutral in over sixty ERISA cases by the United States District Court, Northern District of California. Brad has als...
Danny Johnson represents large and mid-size businesses and professional service firms regarding the implementation and administration of their employee benefit plans and compensation arrangements. Danny has more than 35 years of experience with a wide range of employee benefit and executive employment matters, including public company clients in connection with their executive compensation programs and dealing with golden parachute severance issues that arise in merger, acquisition, divestitu...
Clarissa advocates zealously and effectively for employee benefit plans, plan administrators, plan sponsors, and other fiduciaries before federal and state courts and government regulatory agencies. As a director in our nationally recognized ERISA litigation group (First Tier Nationally in US News and World Report Best Lawyers), she has handled a broad spectrum of litigation, including cases involving benefit claims, fiduciary issues, plan administration, multiemployer plans, withdrawal liabi...
Glenn Kantor is a founding partner of Kantor & Kantor LLP. As a young attorney, Glenn saw the injustice of wrongful insurance denials and created a law firm to represent individuals seeking to obtain their rightful benefits. Glenn is committed to ensure that clients receive the benefits they are entitled to under their insurance policies or group health plans. In the past 20 years, Glenn has represented thousands of individuals suffering a wide range of medical conditions including: Multi...
Public and private sector business clients alike trust commercial litigator Bart Karwath to look out for their best interests and safeguard their position. Bart helps his clients solve serious problems by focusing on the merits of each case and seeking the best possible outcome. Bart concentrates his practice on utilities, condemnation, government, municipal, UCC/sales, contracts, construction, commercial lease, real estate, franchise, civil RICO and ERISA litigation matters. Valued for his c...
Ken is a litigator who focuses his practice on employment and compliance matters , including issues arising under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), the Age Discrimination in Employment Act (ADEA), Wage and Hour claims under the Fair Labor Standards Act (FLSA), North Carolina’s Retaliatory Discrimination Act (REDA), the Occupational Safety and Health Act, as well as employment contract disputes, and ...
Ron Kilgard is a 40-year civil litigation lawyer.Over a long career, he has handled all manner of civil cases, from routine automobile accidents and two-party contract disputes of no interest to anyone but the parties, to multi-million dollar class actions covered in The New York Times and The Wall Street Journal . For the last 20 years, Ron has mostly litigated pension plan class actions. Ron helped Keller Rohrback pioneer company stock ERISA litigation in the late 1990s and early 2000s; he ...
John works with business and health care clients, mainly helping them manage their relationships with their workers. This may involve developing contracts, bargaining agreements or benefit plans, guiding clients through the regulatory maze that now governs every aspect of the employment relationship, or handling investigations, arbitrations or litigation. He has extensive experience in complex commercial contract litigation and cases involving unfair competition, as well as defending class an...
Derek is a senior partner in Keller Rohrback’s nationally recognized Complex Litigation Group and a member of the firm’s Executive Committee. Derek's passion for holding large corporations accountable for wrongdoing has helped recover billions of dollars for consumers, retirees, governments and institutions. He has served in leadership roles in major complex cases across the country. Currently, he is co-lead counsel in In re Facebook, Inc. Consumer Privacy User Profile Litigation ...
Taft-Hartley Trust attorney with 15 years of expertise. Recognized community leader with deep local roots. Provides creative solutions and problem-solving for better retirement, health care, training and apprenticeships. Bryce Loveland represents numerous pension, health, training and vacation savings plans and trusts in ERISA, HIPAA and Affordable Care Act compliance and, when necessary, in litigation. He is experienced in collecting unpaid employee benefit contributions, withdrawal liabilit...
Fred Manning is a partner in the firm's Columbia office. He has extensive experience litigating employment law matters involving civil rights, contracts, and wrongful termination claims. He regularly provides advice and assistance to employers regarding the drafting and enforcement of restrictive covenants, employment contracts and corrective action. Fred has assisted employers throughout the United States in union related matters. He also has extensive experience in representing private coll...
Anna has more than 28 years of experience in insurance law, including life, accident, disability, property and casualty, liability, reinsurance, key man, ERISA and bad faith. Anna dedicates her time and energy to advocating for those whose insurance claims have been improperly denied. Before joining Kantor & Kantor, Ms. Martin spent her career as a defense attorney. She began her career as an associate at Adams, Duque & Hazeltine, then operated her own law firm, Rimac & Martin, fo...
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