ERISA & Pension Benefit Litigation

The federal Employee Retirement Income Security Act of 1974 (ERISA) spells out the duties that plan administrators, trustees and other fiduciaries owe to participants and beneficiaries in retirement programs. While most frequently associated with defined benefit pension plans, the Act also governs defined contribution (401k), health care, disability and other benefit programs. This thorough legislation specifies management standards for all aspects of benefit plan responsibility, including disclosure, coverage, participation, vesting, non-discrimination and distribution of benefits.
Litigation under ERISA enables plan participants to seek compensation from benefit management negligence, such as breaches of fiduciary responsibility, lack of fairness in pension plan coverage, denial of healthcare coverage/benefits, and failure to provide adequate disclosure of plan terms.
In recent years, ERISA cases have focused on corporations that encourage their employees to invest their pension plan cash in company stock. When these companies commit accounting fraud, engage in other illegal activity or simply pursue uncertain business strategies, the company stock becomes a badly chosen investment option and the beneficiaries can seek recoveries for losses.
Our firm has enormous experience in recovering retirement funds lost by employees as the result of imprudent and disloyal conduct by plan fiduciaries, and in otherwise safeguarding the rights of ERISA plan participants.