Our ERISA litigation team has represented employers, plans, plan sponsors, plan administrators, third-party administrators, claims adjudicators, underwriters, insurers, and others in ERISA litigation. This includes claims for benefits, fiduciary claims and the other limited remedies available under ERISA’s remedial enforcement scheme. Due to ERISA’s complexities, team members also have extensive experience concerning preemption, removal, exhaustion of administrative remedies, standard of review, scope of review, and motion practice. In order to successfully litigate under ERISA, one must understand how it differs from general commercial litigation. Our team members understand these differences and how to utilize the differences for the benefit of clients.
Specific to fiduciary and shareholder disputes, team members have represented companies, shareholders, members, directors, managers, officers, trustees and others in adversarial matters, whether pre-litigation or as part of litigation. Business “divorces” are complicated matters due to the on-going nature of the corporate governance under applicable company documents and state statutes. Such representation requires a unique blend of corporate law knowledge and litigation experience. Team members have this experience and can use it to navigate complicated disputes of this nature.