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ERISA Litigation

We provide experienced ERISA litigation services to our Fund Clients.

ERISA employee benefit plans face potential litigation threats from many different fronts, including participants, service providers, contributing employers, withdrawn employers, and governmental agencies. We also litigate on behalf of our Fund Clients to collect delinquent contributions and other liabilities owed. 

How our team can help

Our attorneys prioritize counseling our Fund Clients in litigation mitigation and avoidance. However, when needed, our experienced team of litigators are prepared to defend our Clients in any action, including claims of fiduciary breach and actions seeking inappropriate payment of benefits. Our litigators help our Clients understand the risks of litigation and implement strategies to minimize negative outcomes.  When claims cannot be resolved through mediation or arbitration, our Litigators aggressively defend our Clients in court. 

Our attorneys pursue the collection of delinquent contributions, assessments and interest owed to our Fund Clients.  Our attorneys regularly litigate ERISA federal court collection actions through final judgment, collecting millions of dollars in plan assets owed to our Clients.  We often work to secure the recovery of contributions through other sources, such as bond claims and mechanics liens. We have resolved many delinquencies without litigation or a judgment.

 

We also pursue the collection of withdrawal liability from start to finish. Our Attorneys have arbitrated withdrawal liability cases under the Multiemployer Pension Plan Amendments Act (MPPAA) and litigated against withdrawing employers and their alter egos, successors and control group members. We work to assure that withdrawal liability questionnaires are completed whenever an employer appears to have withdrawn. When a construction industry employer seems to resume work directly or in a disguised continuance form, our attorneys lead a coordinated effort to determine if the employer has triggered a withdrawal. If the employer has withdrawn, prompt notice and demand for payment of withdrawal liability is presented. Then, careful attention is paid to all MPPAA deadlines to assure that contested matters are properly arbitrated. When an arbitration is completed or waived, the Firm then uses the courts to enforce the award and collect payments.

As a result of the collection and withdrawal liability litigation efforts, our Attorneys also have experience in bankruptcy law.  When faced with a bankruptcy filing, we have assisted our Clients in successfully collecting from a number of bankrupt employers in the United States Bankruptcy Courts.