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614.464.6436
Attorneys & Professionals
View ListLitigation
- Alternative Dispute Resolution
- Antitrust and Trade Regulation Litigation
- Appellate Practice
- Bankruptcy and Creditors' Rights Litigation
- Business and Commercial
- Class Actions
- Constitutional Law and Media
- Construction
- Consumer Finance
- Consumer Lending and Lender Liability
- Corporate Takeovers and Changes of Control
- Data Privacy and Information Security
- E-Discovery and Electronic Information Management (EIM)
- Eminent Domain and Real Property
- Employment Litigation
- Energy and Utilities Litigation
- Environmental and Natural Resources
- ERISA Litigation
- False Claims Act and Qui Tam
- Financial Institutions Litigation
- Fires/Explosions
- Franchise Litigation
- Government Enforcement Investigations
- Government Entities
- Health Care Litigation
- Health Care Antitrust Litigation
- Health Care False Claims Act Actions/Civil and Criminal Investigations
- Medical Malpractice
- Privacy and Security of Health Information, HIPAA Compliance and Health Information Technology for Private and Public Providers
- Provider and Patient Rights/Medicare Litigation
- Regulatory Compliance Challenges/Licensure and Certification
- Reimbursement, Contract, and Fraud and Abuse Litigation
- Insurance and Insurance Coverage
- Intellectual Property
- Internet Defamation
- Personal Injury
- Products Liability
- Professional Liability and Discipline
- Public Contracting Disputes
- Public Records and Open Meetings
- Real Property, Zoning, and Land Development
- Securities Enforcement
- Securities, Shareholder Disputes, and Corporate Governance
- Tax Controversies
- Toxic Torts
- Trust and Estate Litigation
- White Collar Defense
- Workers' Compensation
ERISA Litigation
We have extensive experience litigating actions involving health and welfare plans and pension plans that are subject to the Employee Retirement Income and Security Act of 1974 (ERISA). The clients we represent in ERISA litigation have included insured and self-funded plans, plan sponsors, insurers, fiduciaries (and alleged fiduciaries) and service providers, such as accountants and administrators, who may become involved in cases involving the payment of benefits under employee benefit plans. In addition to representing clients in single-plaintiff and class-action litigation focused on pension plans and health and welfare plans, we have also represented clients involved in litigation surrounding company stock plans.
ERISA litigation can be quite complex, but there are few issues that our attorneys have not previously experienced and handled. This experience and knowledge – coupled with the firm’s robust employee benefits, labor and employment, litigation and health care practices – allow our attorneys to handle matters efficiently and cost effectively.
Our attorneys have litigated a broad range of ERISA-related actions for our clients. Our experience includes defending clients in many different benefits actions related to Section 502 of ERISA, as well as Section 510 interference cases, delinquent contribution cases, and cases asserting breaches of fiduciary duties – among others. For years, our attorneys also have been on the cutting edge of ERISA subrogation and reimbursement litigation, in working to secure recoveries for health and welfare plans.
The rules governing ERISA litigation – which are constantly changing – allow clients to choose whether to litigate in federal or state court, can permit clients to argue that discovery should be strictly limited to the administrative record established by the ERISA plan, and can ensure that courts apply deferential standards of review to the decisions made by the plan. These decisions are crucial in the adjudication of the litigation, and our attorneys have advised a variety of clients as they navigate their choices.
Our lawyers also frequently address the different types of preemption that exist under ERISA and that shield ERISA plans, plan administrators and claims administrators from state statutory or common law claims brought by plan participants, plan beneficiaries or health care providers asserting claims pursuant to assignments.
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