Lane Powell offers a sophisticated practice in ERISA-related matters, from the formation and administration of ERISA plans, to the litigation of ERISA-related claims.  Lane Powell has represented both employees and employers in various ERISA litigation situations.

ERISA Litigation Experience:

  • Breach of fiduciary duty claims;
  • Disputes between plans and their service providers;
  • Benefit claims under retirement plans, severance pay plans, and life, health and disability plans (self-funded and insured);
  • Fiduciary insurance matters;
  • Withdrawal, liability and delinquent contribution claims;
  • Claims involving multiple employer arrangements, including MEWA’s;
  • Benefit discrimination and other employment-related claims under Section 510 of ERISA;
  • Disputes with the Department of Labor, the Pension Benefit Guarantee Corporation and the Internal Revenue Service.

Lane Powell is prepared to handle ERISA litigation in part because of its outstanding reputation for its expertise in employee benefit administration.

Representation of Employers and Others in ERISA Litigation:

  • Breach of fiduciary duty for imprudent investments or imprudent selection of other fiduciaries or service providers;
  • Failure to operate the plan for the “exclusive purpose” of providing benefits to participants or their beneficiaries;
  • Engaging in ERISA prohibited transactions with plan assets;
  • Failure to comply with ERISA-mandated administrative procedures, such as filing annual reports, making other disclosures, or providing employees with summary plan

Lane Powell also has special knowledge of ERISA procedures, remedies, and labor and tax laws. Lane Powell is well versed on ERISA litigation issues, including:

  • ERISA standard of review;
  • ERISA pre-emption and removal of claims to federal court;
  • Recovery of attorneys’ fees; and
  • The availability of punitive and/or other damages.

Lane Powell’s ERISA litigation team has nationally recognized expertise and specialized knowledge in this highly complex area of the law.