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Robert Rachal is a Senior Counsel whose work focuses on complex ERISA litigation, and also advises employers on ERISA benefit and fiduciary issues. Robert has assisted clients in the defense of numerous class actions under ERISA. Some recent examples include:

  • Allen v. Honeywell – representing company and plans against claims plan merger illegally cutback benefits, and that plan terms entitled class of participants to greater benefits
  • 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
  • Hastings v. Wilson et al. – represented group of pilots against claim they breached their fiduciary duties regarding investments in the company’s stock
  • DiFelice v. US Airways et al. – represented directed trustee, Fidelity, against claim it breached its fiduciary duties regarding investments in US Airways’ stock

Robert is a prolific writer and lecturer on cutting-edge ERISA litigation issues. He co-authors BNA's ERISA Litigation Chapter 23 “Fiduciary Duty as a Basis for Recovery for Misrepresentation and Nondisclosure” and Chapter 24 “Fiduciary Duties Regarding 401(k) & ESOP Investments in Employer Stock” and is an associate senior editor of BNA's Employee Benefits Law. He also co-authored the article “Cases and Issues in Cash Balance Litigation” in 22 The Labor Lawyer 29 (Summer 2006). Robert has co-chaired the Glasser/Fordham program on fiduciary responsibilities, and speaks regularly for the ABA and the JCEB on ERISA fiduciary, preemption and ethics issues. 

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