Find Lawyers in South Carolina, United States 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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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...
Mac McLean has been a Certified Tax Specialist for over 25 years and practices as a tax attorney in Haynsworth Sinkler Boyd's Greenville office. He works primarily in the areas of estate planning, corporate tax planning and retirement program planning. Mac has significant experience in structuring retirement plans for governmental bodies, including plans that provide specific groups of employees with the ability to make contributions in excess of regular deferral limits.
Mr. Merline is a shareholder in the firm. Mr. Merline has been with the firm since 1983. He is a certified specialist in the fields of both Taxation Law, and Estate Planning and Probate Law by The Supreme Court of South Carolina. He is listed in the book The Best Lawyers in America in the following fields: Business Organizations, Closely Held Companies and Family Businesses Law, Corporate Law, Employee Benefits Law, Litigation - ERISA, Litigation - Trusts and Estates, Litigation and...
Derrick Quattlebaum is a shareholder in Haynsworth Sinkler Boyd's Greenville office and a commercial litigator with over 20 years of experience. He serves as the firm's General Counsel. Derrick is also a member of the firm's Corporate Recovery team where he works with clients to identify and pursue the early recovery of costly and unnecessary losses.
A certified specialist in labor and employment law, Nekki Shutt has been involved in the employment / human resources field for more than 20 years, beginning with her work in the personnel department of a publicly-traded property and casualty insurance company. While working for the company before and during her undergraduate studies at the University of South Carolina, Nekki eventually became the company's corporate recruiter, responsible for hiring approximately 225 employees on an annual b...
Fred Suggs is a certified specialist in labor and employment law by the South Carolina Supreme Court. He is a founding lawyer of Ogletree Deakins, having been with the firm since its inception. Mr. Suggs helps companies avoid work-related legal exposure by giving preventive advice and providing training for managers at client locations. Mr. Suggs speaks regularly at employment law conferences, Bar Programs for other lawyers, Association of Corporate Council Meetings, SHRM Conferences for Huma...
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