ERISA Litigation

Overview

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.

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
  • Defending class claims for alleged vested retiree medical benefits

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

DOL Issues Final Rule and Additional Guidance on FFCRA Leave and Pay Requirements

On April 1, the U.S. Department of Labor (DOL) issued a press release announcing its publication of a Final Rule on the paid sick leave requirements and family leave requirements of the Families First Coronavirus Response Act (FFCRA). Relying on the “good cause” exception of the Administrative Procedure Act (APA), the DOL bypassed the generally... Continue Reading

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