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 35 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

For more information regarding this area of the Firm’s practice, please contact Brad HussClarissa KangJoe Faucher, or Angel Garrett.

Related Articles

  • Arbitrability of ERISA Fiduciary Breach Cases

    JOSEPH C. FAUCHER and DYLAN D. RUDOLPH, February, 2019  This article was first published by the Journal of Pension Benefits: Issues in Administration, Design, Funding, and Compliance, Autumn 2018, Vol. 26, No. 1. Although the viability of arbitration rather than litigation in ERISA fiduciary breach claims remains to be seen, there are several considerations for employers who […]

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  • Second Circuit Breathes New Life Into Company Stock Litigation

    JOSEPH C. FAUCHER and DYLAN D. RUDOLPH, February, 2019   In offering their own company stock as a plan investment option, retirement plan fiduciaries are subject to the same duty of prudence that governs the selection, retention and removal of any other investments. Before 2014, litigation against plan fiduciaries that offered their companies’ stock as an […]

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  • IRS Issues Proposed Regulations Modifying Hardship Distribution Rules

    BRYAN CARD, February, 2019   The new year brings significant changes to hardship distributions under Section 401(k) plans and Section 403(b) plans. Following the passage of the Bipartisan Budget Act (the “Act”) in February 2018, the Internal Revenue Service (IRS) released proposed regulations in November 2018 which provide implementing guidance for the new rules and modifications […]

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