Proskauer Rose's Employee Benefits Litigation Group is a significant and rapidly growing component of the Firm's nationally-renowned Labor and Employment Law Department, which has nearly 160 attorneys. The Group's capabilities were recently boosted by the addition of a superb team of attorneys led by the renowned ERISA litigator, Howard Shapiro, the Chair of the Labor and Employment Law Section of the ABA. With this addition, the Group - with nearly 30 litigators nationwide - is one of the premier firms in defending complex and class action employee benefits litigations. In fact, no firm can match our experience and deep bench strength.
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The Group handles the full gamut of litigation matters facing employee benefits practitioners, including class action and individual claims relating to ERISA's fiduciary duty and prohibited transaction provisions; denials of claims for benefits; severance plans; ERISA Section 510; retiree benefits; executive compensation; ERISA preemption of state law claims against HMOs and other health care providers; restrictions on benefit coverage, such as contraceptives, AIDS, autism, mental and nervous disorders, and organ transplants; plan investment losses; plan amendments or terminations; employer contributions to multi-employer funds; and withdrawal liability. We also handle Pension Benefit Guaranty Corporation proceedings; Department of Justice, Department of Labor and EEOC investigations and lawsuits; and Tax Court inquiries.
Our zealousness in representing plan sponsors, plans, directed trustees, and fiduciaries in litigation is matched only by our creativity in resolving these matters. Our attorneys have a long-standing record of success trying ERISA and executive compensation cases before judges, juries and arbitrators. In many instances, we have prevailed before the start of trial by resolving the cases through dispositive motions. We also are strong proponents of using alternative dispute resolution to achieve our clients' goals. We have fashioned imaginative and practical settlements to resolve complex employee benefits cases, including those that have yielded multi-million dollar recoveries for our fund clients, while averting unnecessary litigation costs. Our excellent reputation among the various governmental agencies enhances our ability to prevent or resolve costly and time-consuming litigation against our clients. In addition, our long-standing relationships with many of the principal ERISA fiduciary insurance carriers often enable us to represent clients insured by these carriers, and to handle such litigations on an amicable basis.
Through our combined experiences, we have addressed virtually every significant ERISA litigation issue that has arisen in the course of the thirty-year history of the statute. More importantly, by virtue of our vast experiences, we are uniquely qualified to address whatever new issues the future may have in store for our clients in the challenging and ever-changing area of employee benefits law.
Attorneys in the Employee Benefits Litigation Practice Area
Employee Benefits Litigation Brochure
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