ERISA

Director

The Employee Retirement Income Security Act (“ERISA”) applies to employee pension, health, and other benefit plans.It requires employers to abide by fiduciary duties in managing these plans and exposes fiduciaries to personal liability. Needless to say, in ERISA litigation, the stakes are high.

McGivney, Kluger, Clark & Intoccia’s ERISA practice has experience in aggressively representing insurers, retirement plans, health and welfare plans, multi-employer plans, multiple employer plans, employers, board of directors, fiduciaries, and third-party administrators. Our team can defend all aspects of employee benefits litigation, including:

  • Single-plaintiff breach of fiduciary claims;
  • Participant benefit claims;
  • Class-action cases alleging breaches of fiduciary duty in connection with imprudent investments, employer stock, or excessive fees;
  • ERISA Section 510 claims of retaliation or interference with benefits;
  • DOL Investigations and IRS audits
  • Severance pay and other employee welfare plans compliance claims;
  • Early retirement design flaws and violations;
  • Failure to comply with COBRA or WARN requirements;
  • ERISA’s prohibited transactions;
  • Subrogation and recovery of over payments; and
  • Multi-employer plan withdrawal liability.

McGivney, Kluger, Clark & Intoccia attorneys also defend cases involving life insurance rescission and claims issues, eligibility for ERISA medical benefits and medical provider insurance fraud.

In addition, we perform compliance reviews of plans and if violations are discovered, guide employers in voluntarily resolving them with the federal government to take advantage of penalty waivers.We also conduct fiduciary education that covers ERISA fiduciary responsibilities and prohibited transactions, and offer advice on insurance policies to maximize fiduciary protection.Other issues we help clients address are federal preemption, fraud and misrepresentation, reporting and disclosure, and potential financial exposure.