Jenner & Block

Mr. Graham has more than 20 years of experience counseling on employee benefits and Employee Retirement Income Security Act (ERISA) litigation and controversy matters. He advises plan administrators and employers on proper compliance with ERISA claims and appeals procedures, helping them avoid litigation and develop defenses to eliminate or minimize liability exposure should litigation arise.

Mr. Graham has successfully advised numerous clients on pension, disability, healthcare and severance plan disputes, implementing properly administered claims review processes that have resulted in complete litigation avoidance, even in the face of threatened litigation.

When benefit matters result in litigation, Mr. Graham regularly represents employers and ERISA fiduciaries in federal courts around the country at the trial and appellate levels. Mr. Graham has litigated individual plaintiff and class action ERISA cases involving fiduciary breach, Employee Stock Ownership Plan (ESOP) valuation and medical and pension benefit denial issues involving a wide variety of pension and welfare benefit plans, including "church plans."

Mr. Graham also advises plan administrators, fiduciaries and sponsors on compliance issues related to Pension Benefit Guaranty Corporation (PBGC) reporting requirements and investigations. He represents pension plans, including ESOPs, before the US Department of Labor, responding to audits and subpoenas and defending interview requests and administrative depositions.

Mr. Graham has been involved in precedent-setting cases that have created law in the areas of ERISA reimbursement rights, recovery of pension overpayments, ERISA estoppel and ESOP valuations.

Michael T. Graham