Reish Luftman Reicher & Cohen is effective in ERISA litigation because we specialize in handling ERISA cases. Our attorneys have a level of skill which is reached only by a complete dedication of time and energy.
We believe that the years of experience of our ERISA litigators enables us to solve your problems effectively and efficiently.
Since ERISA is a lengthy and complex federal law, and since state law is generally preempted for retirement and welfare benefit plans, it is a unique and specialized field. The law is so complex that superior technical knowledge often makes the difference in the successful prosecution or defense of a case. In addition, technical knowledge is a prerequisite to creative thinking in ERISA. And, creativity significantly increases the number of options available to our clients. The close working relationship between our ERISA litigators and our transactional ERISA attorneys ensures the maximum tactical advantage of in-depth knowledge of the law (including Titles I and IV of ERISA and the Internal Revenue Code), and the creative use of those laws.
In the ERISA world, however, knowledge without experience does not produce the best results. Experience provides an understanding of the practical application of the rules. By knowing how pension and welfare benefit plans really work, our attorneys have a better understanding of the real meaning of the ERISA rules. While litigation experience in both federal and state courts is critical, because ERISA has its own concepts, language and procedures, a trial attorney with little or no ERISA experience is at a distinct disadvantage to our seasoned ERISA litigators.
Our ERISA litigation practice covers all aspects of ERISA, however, the majority of our work has focused on the following areas.
Representation of retirement plans and plan fiduciaries.
These cases involve benefit claims and claims for breach of fiduciary duty by participants against plan administrators, trustees (including financial institutions) and investment advisors. Although most of these cases are private litigation between plan participants and fiduciaries, we are frequently involved in actions initiated by the United States Department of Labor.
Representation of welfare plan sponsors and insurers.
We represent nationally known insurance carriers in cases involving claims for benefits in the context of fully insured ERISA plans. We also represent plan sponsors and insurance carriers in cases involving so-called "self-funded" health and disability plans.
Representation of plan service providers.
We have a very active practice in defending malpractice claims against plan service providers, such as consultants, actuaries, third party administrators and accountants. These service providers are also frequently targeted as plan fiduciaries in litigation initiated by both plan participants and the Department of Labor, and we have a wealth of experience in defending these cases. We act as panel defense counsel on ERISA litigation matters for several insurance carriers.
Our clients include privately held businesses, trustees, employers, insurers, plan committees, administrators, actuaries, investment advisors, and other fiduciaries and service providers. We have also been approved by fiduciary and malpractice insurers for representation of their insureds.
Our ERISA attorneys are results-oriented and work to accomplish your goals cost-effectively through experience and knowledge. We seek to:
- Avoid problems
- Litigate creatively and aggressively when necessary
- Resolve problems short of litigation when possible
In addition to litigating cases on a wide variety of ERISA issues, our attorneys have served as expert witnesses and advisors on litigation matters including bankruptcy claims, marital dissolution, the calculation of benefits, professional malpractice, interpretation of plan documents, investment advice, and ERISA preemption. Our litigators have acted as trial and appellate counsel in a wide array of ERISA litigation matters.
Our ERISA litigation department combines the specialized skills of our ERISA litigation and non-litigation attorneys, as well as our staff of ERISA paralegals and support personnel.
Representative Cases
The following are examples of how our ERISA attorneys have helped clients:
- Defended an ESOP sponsor and trustee in claims for breach of fiduciary duty, both at trial and at the appellate level.
- Prosecuted claims against an administrative committee for abdicating its fiduciary responsibility in favor of a corporate raider.
- Successfully moved to dismiss claims against a large financial institution/trustee in a lawsuit involving claimed breaches of fiduciary duty regarding investment of plan assets.
- Defended a third party administrator against claims by the Department of Labor that the administrator was a 401(k) plan fiduciary, relative to the administrator's operation of a "voice automated" investment allocation system.
- Served as an expert witness in a case in which the IRS challenged the valuation of stock acquired by an ESOP.
- Defended plan fiduciaries on issues related to the timing and amount of plan benefits due former officers.
- Prepared and filed amicus briefs with the United States Supreme Court, Federal Court of Appeals, and the Tax Court on behalf of trade and professional associations.
- Defended an insurance agent in a claim by the Department of Labor, relative to a failed health plan.
- Defended numerous pension administration firms against claims of participants.
- Prosecuted a claim against a fiduciary liability insurance carrier for refusal to indemnify against loss and provide defense for insureds.
- Defended a third-party administrator against claims of a plan sponsor for breach of fiduciary duty under ERISA.
- Defended a national life insurance carrier in several actions related to claims arising out of stop-loss insurance to sponsors of ERISA governed health plans.
- Defended a plan and its participants against creditors trying to seize the plan's assets.
- Defended trustees for claims of failure to monitor plan fiduciaries.
- Defended plan committee members from breach of fiduciary duty claims in an ESOP valuation case.
- Defended plan trustees from counterclaims and third-party claims of failure to monitor plan's investment manager.
- Defended ESOP trustees against claims for breach of fiduciary duty related to valuation of ESOP assets and the conversion of the plan.
- Defended an employer from claims of a prohibited transaction in connection with the plan's sale of real estate.
- Served as panel counsel for a national insurance carrier in connection with ERISA disability benefits litigation.
For more information about the services of our ERISA Litigation practice, please contact INFO-RLRC@reish.com or phone (310) 478-5656.
