ERISA Litigation

The increase in ERISA class actions has resulted in new legal challenges for employers and retirement plan fiduciaries alike. While Winston’s ERISA litigation attorneys are experienced and skilled in defending these cases, we have also pioneered certain defensive strategies and training programs to help protect plan fiduciaries even before litigation is filed. In addition, many employers have experienced significant drops in the value of their stock during certain periods in recent years or modified or eliminated retiree medical benefits. On many occasions, those events have triggered class action lawsuits under ERISA. Our litigators have successfully defended numerous clients in these types of cases. Importantly, we have substantial experience with the complex issues that often arise, such as alleged breaches of fiduciary duties by the employer, members of the board of directors/or other alleged fiduciaries in connection with the administration of the employer’s retirement and 401(k) plans.

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Because high-stakes corporate acquisitions involve complex financial, tax, and securities law issues, they can lead to litigation when the expectations of the parties involved are not met. Through smart, strategic, and proactive policy drafting, we frequently work with clients to head off and, if necessary, litigate disputes over the interpretation and application of equity compensation plans, golden parachute agreements, and severance arrangements.

Winston’s litigators frequently call upon the extensive experience of the firm’s ERISA attorneys in connection with corporate internal investigations involving large retirement plans, particularly where fraud is suspected. We partner with the internal investigators to protect and recoup plan assets, and advise on and defend any necessary employee disciplinary actions. If necessary, we also interact with the U.S. Attorney’s office, other appropriate prosecutor’s offices, or state or government agency to protect plan assets and prosecute fraud.

As medical costs have skyrocketed and so-called “pension bounty hunters” have appeared, benefit claims litigation also has surged. Often, the first strategy in defending these claims is careful and proactive plan drafting and watchful plan administration. Our attorneys are skilled in advising clients on these preventative activities; however, litigation is never fully avoidable. When plaintiffs pursue lawsuits and the assets of a plan and employer must be safeguarded, we stand ready to protect the best interests of our clients and regularly defend denial of benefit claims and related litigation throughout the country.

Our executive compensation and employee benefits attorneys have assisted many clients in taking action against current or former executives to protect their business, trade secrets, and/or reputations. We also have devised numerous plan drafting and design strategies to maximize clients’ ability to protect their assets and pursue their own actions against trouble-making employees and executives.

We have represented many clients in litigation involving fiduciary issues, mutual fund fees, 401(k) fee and plan expenses, and insurance company commissions. In helping clients prevent litigation, we have also performed several plan audits to determine whether fiduciary and/or plan expense procedures can be improved.

Our attorneys have significant experience guiding clients through the federal audit process of their profit-sharing, pension, and benefits plans. In addition, we conduct comprehensive internal plan audits to ensure legal compliance and best practices are in play. We also offer training programs on the design and administration of qualified retirement plans.