ERISA Litigation

ERISA Litigation


Schiff Hardin attorneys have been providing plan sponsors, fiduciaries, service providers, and Taft-Hartley trustees with effective representation in all aspects of ERISA litigation in courts across the country for decades.

Led by a former trial attorney from the ERISA litigation division of the U.S. Department of Labor (DOL), our team is composed of skilled trial lawyers who are knowledgeable in the complexities of ERISA, and collaborate with the firm’s Employee Benefits and Executive Compensation Group. Our strengths include:

  • Trial, settlement, and appeal of complex ERISA fiduciary breach cases involving the government and private parties
  • Defending benefit claims litigation
  • Defending DOL investigations of fiduciaries and non-fiduciary service providers
  • Compliance with ERISA and tax laws

We have extensive experience representing clients under investigation by the DOL, and have helped many avoid further action by the DOL.

We represent plan fiduciaries, directors and officers, as well as plan service providers in class actions and other litigation alleging violations of ERISA’s fiduciary standards of care in a variety of contexts, including:

  • Fiduciary breach allegations involving the selection and monitoring of service providers
  • Retention of company stock in the 401(k) menu
  • Claims related to self-dealing and prohibited transactions
  • Subrogation and benefit claims
  • Participant challenges to downsizing and severance claims

We regularly help clients maneuver through the complexities of terminating defined benefit plans and represent clients in cases involving the Pension Benefit Guarantee Administration. We also defend clients in actions alleging delinquent contributions to Taft-Hartley plans or in actions involving the assessment of withdrawal liability.

Employment Law Landscape

Federal Contractor Fair Pay and Safe Workplace Rules Revoked

The fate of President Obama’s Executive Order 13673, Fair Pay and Safe Workplaces, which was called into question last year when a Texas district court enjoined key provisions, has been decided. (See 2017 Legislative Developments) Late last month, President Trump issued an executive order revoking 13673 in its entirety, and directing agencies and departments to … Continue Reading


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Ferrera weighs in on fiduciary rule’s fate

A former DOL trial attorney, Tess told Law360 that the agency will have to be “very cautious and careful” as it conducts the Trump administration’s requested review of the rule. The rule’s applicability date is scheduled for April 10, 2017. MORE

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Questions about ERISA?

Washington partner Tess Ferrera has answers. The ERISA Fiduciary Answer Book (now in its seventh edition and published by Wolters Kluwer) offers in-depth commentary on the regulations and court rulings that govern fiduciaries' duties and liabilities. More