ERISA Litigation

Fast growing in complexity and the stakes involved, ERISA litigation is a subject that now makes front page headlines in the mainstream press. Also rapidly increasing are the number and types of employee benefits lawsuits being filed yearly. Employers’ need for experienced and intelligent legal counsel capable of handling difficult ERISA litigation is consequently greater than ever.

At Hinshaw, our employee benefits litigators provide comprehensive counsel and advice to corporations, tax-exempt organizations, local governmental entities and individuals in a wide range of complex employee benefits matters involving, among many other issues:

• Contested benefit claims
• Breaches of fiduciary responsibility
• Insolvent group health plans
• Service provider errors and omissions
• Plan termination liability to the U.S. Pension Benefit Guaranty Corporation
• Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage liability

Where possible, we work to avoid litigation or cut it short. When necessary, we provide vigorous representation in the courtroom.

We are particularly skilled at counseling clients with respect to qualified pension and profit sharing plans. That experience includes:

• Advising on plan fiduciary obligations, participant disclosure and communication, and prohibited transactions
• Correcting serious operational and document failures of qualified retirement plans through the various IRS correction programs
• Designing, drafting and amending various types of qualified retirement plans including defined benefit plans, ESOPs, target benefit plans, profit sharing plans, 403(b) plans and 401(k) plans IRS and Department of Labor reporting obligations
• Securing necessary administrative approvals from the Internal Revenue Service and the U.S. Pension Benefit Guaranty Corporation for dealing with residual plan assets in over-funded defined benefit plans
• Terminating qualified retirement plans

We also represent clients in connection with investigations by the U.S. Department of Labor’s Pension and Welfare Benefits Administration and with Internal Revenue Service employee plan audit examinations.