Trucker Huss has a large and sophisticated ERISA litigation practice. When litigation is required on behalf of our clients, we provide substantial experience and expertise gained through more than 20 years of active ERISA litigation, including trial and appellate experience.
We also actively aid our clients in avoiding litigation if possible by assisting with the administrative processing of benefit claims and using alternative dispute resolution and other techniques to resolve matters on a pre-litigation basis.
In ERISA litigation matters, we represent:
- Employers and other plan sponsors
- Single employer and multi-employer retirement and health and welfare plans
- Plan fiduciaries (investment and administrative committees and trustees)
- Institutional fiduciaries (banks and trust and mutual fund companies)
- Investment managers and investment consultants to plans
- Third party administrators and other service providers to plans
- Fiduciary liability insurers
We provide our clients with extensive knowledge of the specialized issues raised by ERISA litigation and support our clients on a full range of ERISA litigation matters, including:
- Benefits claims by participants
- Claims for breach of fiduciary duty (such as investment losses, employer stock matters, plan governance and other administration issues, prohibited transactions and ESOP valuation issues)
- Representation of plan fiduciaries in the litigation brought by the DOL.
- Representation of multi-employer welfare administrators in benefit payment and other issues
- Representation of plan service providers against state law malpractice claims
If you'd like to know more
- New Wave of Retirement Fee Litigation: The University 403(b) Lawsuits
CLARISSA A. KANG, January 2017 The fiduciaries of retirement plans for 12 major universities have been hit with coordinated lawsuits asserting breaches of fiduciary duty arising from allegedly excessive fees for administrative and investment management services, imprudent selection and monitoring of recordkeepers and investment options, underperforming plan investment options, and a “paralyzing” array of […]READ MORE
- Are Trustees’ Employees Fiduciaries Under ERISA?
JOSEPH FAUCHER, November 2016 ESOPs have been a “national project” of Department of Labor (DOL) enforcement since the 1980s. But unlike other regulatory agencies, the DOL has put off issuing clear guidance—other than a proposed regulation that has never been finalized—regarding how fiduciaries should meet the standards articulated in ERISA… Click to Read More. Published […]READ MORE
- The Fifth Circuit Emphasizes that Conclusory Statements will not Satisfy the Pleading Standard for Stock Drop Lawsuits
FREEMAN L. LEVINRAD, October 2016 On September 26, 2016, the Fifth Circuit, in Whitley v. BP, P.L.C. (“Whitley”), 2016 WL 5387678 (2016), emphasized that conclusory statements will not satisfy the pleading standard for complaints alleging breaches of fiduciary duty related to retirement plans’ investment in employer stock (commonly known as stock-drop cases), as established in […]READ MORE