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  ROBERT W. RACHAL    
Phone 504.310.4081
rrachal@proskauer.com
 
SENIOR COUNSEL
   
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Press Room

In The News
Pay-or-Play State Health Insurance Laws and ERISA Preemption
Worker 401(k) Fee Suits Find Friend in Labor Department
Practitioners Meet to Discuss Next Wave of ERISA Litigation

Client Alerts
Ninth Circuit Concludes That San Francisco's "Pay or Play" Ordinance Is Not Preempted By ERISA
U.S. Supreme Court Rules Disability Benefit Formula that Credits Younger Workers with Additional Years of Service Does Not Violate the ADEA Because Any Disparate Treatment Was Not "Actually Motivated" by Age
Pay-or-Play State Health Insurance Laws and ERISA Preemption

Newsletters
The ERISA Litigation Newsletter
The ERISA Litigation Newsletter
The ERISA Litigation Newsletter

Speaking Engagements
The American Society of Pension Professionals & Actuaries (ASPPA)

View all ROBERT W. RACHAL's Press Room Items

New Orleans Office:
650 Poydras Street, Suite 1800
Fax 504.310.2022

Practice Areas:
Employee Benefits
Labor & Employment
Employee Benefits Litigation
Education:
TULANE UNIVERSITY LAW SCHOOL, J.D., SUMMA CUM LAUDE, 1993
UNIVERSITY OF NEW ORLEANS, B.S., 1981
 
Bar Admission:
LOUISIANA
 
Court Admissions:
U.S. COURT OF APPEALS, FIFTH CIRCUIT
U.S. DISTRICT COURT, LOUISIANA, EASTERN DISTRICT
U.S. DISTRICT COURT, LOUISIANA, MIDDLE DISTRICT
U.S. DISTRICT COURT, LOUISIANA, WESTERN DISTRICT
 
Bar Affiliations:
LABOR AND EMPLOYMENT LAW SECTION, MEMBER
AMERICAN BAR ASSOCIATION, MEMBER, 1994 - PRESENT
 
Other Affiliation:
EMPLOYEE BENEFITS SUB-COMMITTEE ON FIDUCIARY RESPONSIBILITY, MEMBER, 2000 TO 2002
 
Clerkship:
LAW CLERK, THE HONORABLE JACQUES L. WIENER, UNITED STATES COURT OF APPEALS, FIFTH CIRCUIT, 1993-1994
 
Biography:

Robert Rachal's work has included traditional labor and employment law work, with a focus on complex ERISA litigation. He has handled numerous class actions under ERISA, including claims involving challenges to 401(k) or ESOP investments in employer stock, claims against cash balance pension plans, claims that plans discriminated on the basis of sex or age, claims that plans illegally cut back benefits or engaged in prohibited transactions, claims that employers failed to properly fund plans, claims that insurers mishandled plan funds, and claims that fiduciaries breached their duties to inform of plan benefits.

Mr. Rachal is a member of the American Bar Association's Labor & Employment Law Section and Co-Chair of the Employee Benefits Subcommittee on Preemption. He co-chairs Glasser's annual program on fiduciary responsibilities under ERISA and was co-chair of the Glasser/Fordham University and the ABA Joint Committee on Employee Benefits' Cash Balance Pension Plan Seminars. Mr. Rachal has also spoken at Glasser, the ABA, LEI, and other organizations on fiduciary and other issues under ERISA.

Mr. Rachal is Contributing-Author, BNA Employee Benefits Law (2nd ed. 2000); Chapter Editor (2002 & 2003 Cumulative Supplement); and Chapter Co-Author, BNA ERISA Litigation (1st ed. 2003 & 2004 Supp.) Chpt. 20, Fiduciary Duty as a Basis for Recovery for Misrepresentation and Nondisclosure. He also has published numerous articles involving labor law and ERISA issues, including the "Report on the Growing Tension Between the First Amendment and Harassment Law," 12 The Labor Lawyer 475 (Winter/Spring 1997); "Machinists Preemption Under the NLRA: A Powerful Tool to Protect an Employer's Freedom to Bargain," 58 La. L. Rev. 1065 (Summer 1998); "The Duty to Inform and Fiduciary Breaches: The 'New Frontier' in ERISA Litigation," 14 The Labor Lawyer 503 (Winter/Spring 1999); "Litigation Issues in Cash Balance Plans" in 17 Benefits Law Journal 66 (Spring 2004 & Summer 2004) and 30 Journal Pension Planning & Compliance 1 (Spring 2004); and the "Fifth Circuit Symposium 1999 - Labor and Employment Law," 46 Loy. L. Rev. 187 (Spring 2000).

Mr. Rachal received his J.D., summa cum laude, from Tulane Law School, where he graduated as valedictorian. He received his B.S. from the University of New Orleans.

 
   
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