Jenner & Block

ERISA Litigation

We combine extensive substantive ERISA knowledge and outstanding trial skills to help clients navigate the complex and highly specialized legal issues that arise in ERISA litigation.  We take a proactive approach, counseling clients on ways to solve benefits issues before litigation starts and to resolve those issues if benefit claims or lawsuits are filed.  We have a strong track record of successfully using pretrial motions to help our clients avoid the time and expenses of discovery and trial.  If a case reaches discovery, we develop early case strategies and themes to best prepare the case for summary judgment or trial.  If a case does go to trial, our lawyers have extensive experience pursuing substantial and complicated ERISA litigation at the trial and, when necessary, in appellate courts throughout the country.

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

Our ERISA litigators collaborate closely with our firm’s transactional benefit lawyers to achieve the best possible results for our clients.  Together, we have the knowledge and technical skills to analyze a benefit plan’s structure, identify potential ERISA issues and develop creative solutions for the client to avoid litigation.  Our lawyers frequently write and speak on the latest ERISA litigation developments as well.

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