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Practices Practices Section


ERISA Litigation

Overview Press Room


Employee benefit plans, plan fiduciaries, plan sponsors, boards of directors and directed trustees continually face significant litigation risk in class actions, single plaintiff matters and government investigations/litigations. Our ERISA Litigation Practice is ideally equipped to defend against these matters, having addressed every significant ERISA litigation issue that has arisen during the history of the statute. We handle employee benefits cases nationwide and have prevailed in many landmark decisions on behalf of our clients.

We are the go-to nationwide team for the defense of significant “bet-the-company” ERISA lawsuits. Our success has led to our representation of clients for ongoing employee benefit matters long after the litigation has ended. In addition, we frequently work with clients before lawsuits arise, giving you the ability to avert litigation altogether or to develop a more defensible position should litigation commence. One key difference in the Proskauer approach: our team of approximately 20 ERISA litigators practice only ERISA litigation — 24/7/365. The team is also supported by a deep bench of lawyers who are fully versed in all provisions of the ERISA statute and are adept at counseling and advising plans and sponsors on compliance issues.

Our ERISA litigation practice, led by co-heads Howard Shapiro and Myron Rumeld, is perennially ranked in the highest tiers of Chambers USA, US Legal 500 and other leading publications and directories. Howard is ranked in Band 1 nationwide in Chambers USA and is described as having “a near encyclopedic” knowledge. Myron is ranked in Band 2 and is described as “one of the smartest lawyers [clients] have ever had the pleasure to meet.”

We were recently honored as one of the top three firms nationwide for Labor & Employment Litigation by The American Lawyer, where it was noted that clients retain Proskauer when "the company's reputation is on the line" and "managing the public face of litigation" is of utmost importance. Indeed, our high-profile matters involve sensitive, complex situations with sweeping ramifications that impact both our clients and their industries.

With our experience and proven track record of success, we are qualified and equipped to address whatever new employee benefits issues the future may bring in one of the most challenging and ever-changing areas of litigation.

Areas of Focus: 

  • 401(k) Plan Stock Drop Cases
  • Age Discrimination Claims Involving Employee Benefits
  • Cash Balance Pension Plan Litigation 
  • Challenges to Pension and 401(k) Plan Service Provider Fees 
  • Claims for Benefits 
  • Claims under ERISA's Fiduciary Duty and Prohibited Transaction Provisions 
  • Claims Asserted by Plans, Fiduciaries, and Employers Against Plan Service Providers 
  • Claims for Recovery of Delinquent Employer Contributions to Multi-Employer Funds 
  • Deadlock Arbitration for Taft Hartley Multiemployer Funds 
  • Department of Justice, Department of Labor and EEOC Investigations and Lawsuits 
  • ERISA Preemption of State Law Claims 
  • ERISA Section 510 Claims 
  • Executive Compensation Claims 
  • Fiduciary Nondisclosure and Misrepresentation Claims 
  • Independent Contractor Claims for Benefits 
  • Independent Fiduciary Representation 
  • Labor Management Relations Act Claims 
  • Multiemployer Plan Litigation and Arbitration 
  • Pension Benefit Guaranty Corporation Proceedings 
  • Plan Amendments or Terminations 
  • Plan Asset Investment Losses 
  • Railway Labor Act Litigation 
  • Recoupment of Plan Overpayments 
  • Requests for Plan Documents Under ERISA Section 104 
  • Restrictions on Benefit Coverage (Contraceptives, AIDS, Autism, Mental and Nervous Disorders, Organ Transplants) 
  • Retiree Benefits Claims 
  • Severance Plan Claims 
  • Statutory Claims Arising under ERISA §§ 204(g) and (h) 
  • Tax Court Inquiries 
  • Withdrawal Liability Claims for Taft Hartley Multiemployer Funds