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Nicole A. Eichberger is a senior Associate in the Employee Benefits, Executive Compensation & ERISA Litigation Group, resident in the New Orleans office. Her work focuses on complex ERISA litigation and she advises employers, fiduciaries, and trustees on ERISA benefit and fiduciary issues. Nici has assisted clients in the defense of numerous class actions under ERISA. Some recent examples include: 

  • In re Bausch & Lomb Inc. - represented company and its officers and plan fiduciaries against claims they breached their fiduciary duties regarding investments in employer stock
  • In re EDS ERISA Litigation - represented company and its officers and plan fiduciaries against claims they breached their fiduciary duties regarding investments in employer stock
  • Osberg v. Foot Locker, Inc. - representing company and plan against claims stemming from conversion of final average pay plan to cash balance plan 

Nici is a prolific writer on cutting-edge ERISA litigation issues and often speaks on topics related to her publications. She co-authors BNA’s ERISA Litigation Chapter 24 “Fiduciary Duties Regarding 401(k) & ESOP Investments in Employer Stock” and is an editor of BNA’s Employee Benefits Law. She is a re-write Editor of and Contributing Author to Employee Benefits Law, 2005-2009 Cumulative Supplements. She also co-authored the article, “Cases and Issues in Cash Balance Litigation” in 22 The Labor Lawyer 29 (Summer 2006). 

Nici serves as the Pro Bono Coordinator for Proskauer’s New Orleans office.