ERISA Litigation

Employees and beneficiaries increasingly are suing their employers and employee benefits plans for alleged breaches of fiduciary duties, benefits, and other alleged violations of ERISA. Pepper Hamilton LLP has a long history of representing employers and benefits plans in such complex class, collective and individual litigation.

To meet these changing and often overlapping claims, lawyers in Pepper’s ERISA Litigation Group combine the experience, knowledge and abilities of the firm’s Commercial Litigation, Labor and Employment, and Employee Benefits Practice Groups to represent employers, fiduciary liability and plan insurers, service providers, multiemployer plan trustees and plan sponsors in all types of litigation arising from employment benefits.

Pepper lawyers handle all aspects of ERISA litigation, including benefits claims, breach of fiduciary duty claims, discrimination claims and issues relating to preemption, qualified and non-qualified benefit plans, prohibited transactions, executive compensation, IRAs, ESOPs, profit-sharing, 401(k) plans and multiemployer plans, and withdrawal liability. We are experienced with cafeteria, dependent care assistance, fringe benefit and voluntary employees’ benefits association plans.

Our lawyers also handle compliance assistance, counseling, DOL and PBGC investigations, dispute resolution before various government agencies, audits of health, welfare and pension benefit plans, cost containment and representation of clients before the legislative and executive branches.

Our ERISA litigators regularly appear in federal district courts, courts of appeals and state courts in all jurisdictions, handling the defense of class and representative actions and multi-district litigation matters, as well as individual and multiple-plaintiff actions. Recognizing that a litigation “victory” may not always be consistent with a “winning” business solution, lawyers in our ERISA Litigation Group use the litigation environment to help each client achieve its desired business objectives.