The number of lawsuits related to employee welfare benefit plans and pension plans continues to grow. As a result, employers are asked to expend valuable resources to ensure that company policies and procedures comply with the Employee Retirement Income Security Act of 1974 (ERISA) and its related regulations. Given this regulatory environment, it has become increasingly important for outside legal counsel to develop a flexible strategy that represents both the client’s legal and financial well-being. This is the approach of Polsinelli’s ERISA Litigation practice, which has represented clients in all aspects of ERISA-related matters throughout the nation.

Recent recognitions for the Labor & Employment practice include:
  • Nationally ranked in U.S. News and World Report's 2021 "Best Law Firms" for Employee Benefits (ERISA) Law and Litigation - Labor & Employment.
  • Rated as a Standout in both complex and everyday employment litigation in the BTI Litigation Outlook 2019, based on a survey of more than 300 general counsel at companies with more than $1 billion in revenue. Less than 3% of the top 650 U.S. firms in the nation achieved this dual ranking.

Our team of litigators has represented employers, plans, plan sponsors, plan administrators, third-party administrators, fiduciaries, trustees, claim adjudicators, underwriters, insurers, and others in ERISA litigation. We also collaborate with Polsinelli’s Employee Benefits practice to ensure that our strategy is practical and comprehensive not just in theory, but also in application. Alongside our Employee Benefits team, we partner with clients on a daily basis to develop and execute a sound approach to plan creation, design and compliance. When a claim reaches the courtroom—whether it is a traditional claim for benefits or a more complex fiduciary duty or employer stock-drop causes of action—Polsinelli’s ERISA litigators recognize and understand the key differences between ERISA litigation and commercial litigation, while also benefiting from the knowledge and experience of the firm’s other litigators.

Whether dealing with preemption, removal, exhaustion of administrative remedies, standard or review, scope of review, class actions, motion practice, and other strategies associated with ERISA’s remedial enforcement scheme, Polsinelli’s ERISA litigators use their knowledge of the complexities of ERISA to benefit clients, often obtaining dismissal of such claims or summary judgment in favor of their clients.