Jenner & Block

ERISA Litigation

We combine extensive knowledge and outstanding trial skills to help clients navigate the complex and highly specialized legal issues that arise in litigation under ERISA. We take a proactive approach, counseling clients on ways to keep benefits litigation from happening in the first place. We also have a strong track record of successfully using pretrial motions to help our clients avoid the time and expense of a trial. If a case does go to trial, our attorneys have extensive experience pursuing substantial and complicated ERISA litigation at the trial and appellate levels throughout the country.

We handle a variety of ERISA-related issues, including defending clients in major class actions alleging breach of fiduciary duty claims, claims for benefits and claims that arise from reductions-in-workforce.  We counsel pension fund managers with respect to ERISA claims, and litigate claims for contributions to union multiemployer benefits plans, as well as claims in a bankruptcy context. We also defend excessive fee claims in 401(k) plans and stock drop cases.

Our team of ERISA litigators collaborates closely with our Firm’s transactional benefit lawyers to achieve the best possible results for clients.  Together, we have the knowledge and technical skills to analyze the structure of benefit plans, identify potential ERISA issues and develop creative solutions to avoid litigation. Our attorneys frequently write and speak on the latest development in ERISA litigation as well.

We work with in-house counsel, human resources leaders and benefits coordinators to design and implement strategies for avoiding ERISA claims.  We have conducted numerous tailored seminars to help clients’ HR and benefits staffs eliminate practices that may place them at risk.