With broad ERISA experience, Morgan, Lewis & Bockius LLP is well-regarded and has achieved significant recent victories for clients including Oshkosh Corp, establishing precedent for other 401(k) fiduciary breach class actions, and Boeing and Partners Healthcare, a case significant in the actual equivalence class action space. The firm has also achieved successes across stock-drop, cash-balance plans, ESOPs and denial of benefits claims, as well as defending several private universities in claims challenging 403(b) retirement plan fee and investment options. Lastly the firm has been engaged in numerous class action lawsuits against major 401(k) and 403(b) plans alleging unreasonable recordkeeping and investment fees as well as breaches of fiduciary duties. The practice heads are Grace Speights, based in Washington DC, Jeremy Blumenfeld, based between New York and Philadelphia, and Deborah Davidson and Christopher Boran, both operating in the firm’s Chicago office. Key New York-based partner, Melissa Hill concentrates her ERISA practice on class actions and benefit pension plans in connection with 401(k) and 43(b) management. Senior practitioner Brian Ortelere in Philadelphia is regarded for his extensive ERISA experience, particularly in defending class action claims challenging the administration of defined benefit pension plans, 401(k) savings plans, and ESOPs. Chicago's Matthew Russell focuses his practice on defending plan sponsors, fiduciaries, and service providers against a variety of employee benefits claims and ERISA litigation around the United States.

As ‘one of the premier law firms in the retirement plan litigation space’, Goodwin frequently defends financial services companies facing class actions and allegations of plan investments fiduciary breaches, leveraging its sector expertise in financial services and its geographic diversity across Boston, Washington DC, and New York. The practice has had notable victories including for John Hancock Life Insurance in a putative class action relating to tax treatment and breaches of fiduciary duties. Leading this case was James Fleckner who co-heads the practice along with Alison Douglass in Boston. Douglass focuses her practice on ERISA class actions, derivative actions and has successfully defended several significant plan sponsors, asset managers and other financial services providers in litigation, particularly claims involving 401(k) plan recordkeeping. Fleckner also concentrates on financial service providers and plan sponsors in class actions focusing on fiduciary breaches and the discharge of obligations, as well as regulatory investigations before the DOL, SEC, DOJ and PBGC. Jaime Santos, based in DC, is another key name to note for her ERISA appellate work.

Groom Law Group, Chartered focuses its attention on the defense of ERISA class actions, including those relating to breach of fiduciary duties, 401(k) excessive fee and investment strategy, employer stock, defined pension plans, actuarial equivalence. The practice is led by Lars Golumbic and William Delany: Golombic is well-regarded for his involvement in class actions involving plan sponsors and fiduciaries and service providers as well as DOL investigations and enforcement matters, while Delany shares this focus along with Michael Prame, advising on ERISA class actions regarding plan administration, stock drops and fiduciary duties. Mark Nielsen has represented insurance companies and health plan sponsors in cases relating to fiduciary duties and defective COBRA notices and Sarah Adams concentrates on class actions and government investigations, litigating on behalf of plan sponsors, fiduciaries facing allegations of ERISA violations, focusing on ESOPs, imprudent investment, actuarial malpractice and church plan putative class actions. Samuel Levin and Edward Meehan are also key contacts within the practice. All named lawyers are based in Washington DC.

Jackson Lewis P.C. continues to make progress defending an increasing number of ERISA claims being brought, particularly those relating to 401(k) plan fees and recordkeeping costs as well as ESOP cases. The practice leverages its close connections to the firm’s employee benefits group and the class actions and complex litigation practice to support the full range of clients’ needs in ERISA matters. Stacey C.S. Cerrone is a key name to note at the firm, concentrating on defending ERISA class actions brought against public and private single employer plan sponsors and fiduciaries. Charles Seemann shares this focus in addition to advising on multi-employer plans and financial institutions providing services to ERISA plans. Howard Shapiro and René Thorne co-lead the practice, with Thorne being active in health plan organization and litigation following the Supreme Court decision in Dobbs. All named lawyers are based in New Orleans.

Led by ERISA specialist Nancy Ross, Mayer Brown is regularly engaged by plan sponsors and administrators, fiduciaries and plan service providers in an array of class actions and individual benefits disputes. The firm has recently defeated several major class actions brought against clients including Northrop Grumman Corporation, Duke Energy and AT&T, and has been active across ERISA litigation targeting universities with allegations of fiduciary duty breaches. The firm has extensive trial expertise, and Ross in particular has a deep bench of experience representing pension and 401(k) plans, ESOPs, trustees and employers in matters concerning administration of plan assets and fiduciary responsibilities before both courts and the DOL. Brantley Webb and Alex Lakatos, based in Washington DC, are also key members of the practice, focusing on ERISA class actions. Webb played an important role in the Duke Energy 401(k) case and has been involved in multiple other class actions regarding investment options challenges and the administration of 401(k) and 403(b) plans. Lakatos concentrates on advising financial institutions in class actions alleging misadministration of plan assets and fiduciary breaches. Matthew Moscon is another key name, leading the firm’s Salt Lake City office. Associate Samuel Myler, based in Chicago, has wide ERISA experience, representing plan sponsors, fiduciaries, and benefit plans, in class action litigation, stock drop cases and excessive fee litigation.

Proskauer Rose LLP is regarded for its involvement in high-value ERISA disputes involving class actions and individual claims relating to a broad variety of matters including 401(k) and 403(b) excessive fee and underperformance litigation, defined benefit plans, actuarial assumptions, multiemployer plans and ESOPs. The firm has a particular focus on Taft-Hartley multiemployer funds alongside an active DOL investigations practice, regularly defending plan sponsors, fiduciaries and service providers in these areas. The ERISA practice, led by Myron Rumeld and Russell Hirschhorn in New York, is further supported by the firm’s employee benefits and executive compensation group. Rumeld has significant experience handling ERISA litigation at both trial and appellate levels, and has defended numerous class actions, particularly regarding employer stock and excessive fee claims. Meanwhile, Hirschhorn, who is described as an ‘expert in his field’, also actively defends class actions as well as investigations conducted by the DOL. Tulio Chirinos, senior associate in Boca Raton, and Joseph Clark, senior counsel in New York, are also key members of the practice working on a variety of class action matters.

With a ‘strong blend of legal and practical advice during the litigation process’, Seyfarth Shaw LLP’s ERISA practice has a broad range of experience, with specific expertise in multi-employer plans and trustees, and works closely with the firm’s employee benefits litigation group as well as compliance experts in the wider employee benefits department. The practice is led by Ian Morrison and Kathleen Cahill Slaught, based in Chicago and San Francisco respectively. Morrison focuses on retirement and welfare plan matters and frequently litigates cases on behalf of clients facing 401(k) class actions. Slaught is an experienced litigator and has handled several cases relating to the health care sector and its related plans. Sam Schwartz-Fenwick, in Chicago, is a key name to note in relation to employment and employee benefit plans surrounding the LGBTQ+ community, including transgender insurance benefit coverage and has experience defending claims of employee-benefits discrimination in this area. Also in Chicago is Ada Dolph who defends plan sponsors, fiduciaries and insurers in 401(k, stock drop and retiree medical class actions with particular focus on the retail, manufacturing and aviation sectors.

Willkie Farr & Gallagher LLP has a broad ERISA practice typically representing employers and plan fiduciaries in matters including plan fee litigation, ESOP and stock drop litigation, DOL investigations, recovery of pension overpayments, reimbursement rights and multiemployer plan withdrawal liability disputes. The firm is active before federal, as well as state, courts and was active in the Supreme Court case, Hughes v Northwestern. The Northwestern case was spearheaded before the 7th Circuit by practice heads, Amanda Amert and Craig Martin in Chicago. Both Amert and Martin are active across a range of ERISA litigation, defending class actions, ESOP stock drop litigation and breaches of fiduciary duties, in a number of industries including insurance, financial services, and chemicals. Martin is regarded for his trial experience and Amert specializes in representing employers around the country in both individual and class action lawsuits in addition to disputes and investigations with the DOL. The practice is also adept at navigating compliance issues related to the Pension Benefit Guaranty Corporation’s reporting requirements and investigations, and leverages its connections to the firm’s transactional benefits, labor and employment and securities groups to offer comprehensive advice to clients. Matt Basil, also in Chicago, concentrates on advising large companies on an array of commercial disputes including ERISA and breach of fiduciary duties.

Baker Botts L.L.P. offers a broad practice, acting in matters including fiduciary duty breach allegations, plan administration and management claims, and medical provider claims against employer plans. The firm has a focus on the energy and natural gas sector with clients such as ExxonMobil, Halliburton, Patterson-UTI Energy and Transocean. Practice head Travis Sales, based in Houston, recently represented the Houston Firefighters Relief and Retirement Fund, the Houston Professional Fire Fighters Association and the Houston Municipal Employees Pension System in ERISA pension plan litigation against the City of Houston. In Dallas, senior counsel Earl Austin has a focus on life science and health care industries, assisting with the firm’s recent work for Aetna Life Insurance Company regarding brand-name medication and health benefits coverage. Christopher Rillo, based in San Francisco, is another key name to note for his experience in ERISA litigation, including ESOPs, plan fees and defined benefit plan litigation.

The Atlanta-based team at King & Spalding LLP has experience representing clients in class actions, particularly those regarding excessive fee and self-dealing allegations. The firm also handles multiemployer withdrawal liability, DOL investigations, and is on the AIG national fiduciary liability panel authorized to defend AIG insureds in ERISA class actions. Practice head David Tetrick is recommended for his ERISA class actions defense work for, among others, Northern Trust, Cisco Systems and HomeDepot. Darren Shuler focuses his practice alongside Tetrick on ERISA-related class action defense and employee benefits disputes. Danielle Chattin also plays a leading role in the firm’s class action litigation.

McDermott Will & Emery LLP’s standalone ERISA litigation practice is experienced defending ERISA claims and has a particular focus in employee stock ownership plans, achieving several dismissals of actions relating to ESOP transactions and defending against Department of Labor investigations. The practice regularly assists fiduciaries across 401(k), pension and ESOP plans, and acts as counsel for the ERISA Industry Committee (ERIC). The practice, led by Christian Nemeth and Ted Becker, based in Miami and Chicago respectively, works closely with the wider litigation and employee benefits teams to offer subject matter advice on a range of ERISA-related claims. Becker specializes in ESOP litigation as well as regulatory investigations, while Nemeth represents institutional and individual ERISA fiduciaries at both state and federal levels.

Miller & Chevalier Chartered has an established presence in health-benefit related ERISA litigation before both federal courts of appeal and the Supreme Court, predominantly advising healthcare insurers, particularly in relation to the implementation of the Affordable Care Act, and companies such as h Blue Cross Blue Shield Association, as well as health plan fiduciaries regarding obligations and rights to halt state interference. The firm also acts on pension-related ERISA litigation. Tess Gee is a key name to note having previously spent over a decade at the DOL. Anthony Shelley leads the practice with a focus on appeal litigation and defending health insurers. Both named lawyers are based at the firm’s headquarters in Washington DC.

With a practice built on representing plan sponsors, fiduciaries and service providers, Paul, Weiss, Rifkind, Wharton & Garrison LLP has experience in class action litigation, with recent work including assisting ExxonMobil with a dismissal of class action claims alleging plan fiduciary liability for the business impacts of climate change, and representing Bank of New York Mellon in the resolution of a putative class action alleging ERISA violations related to the bank’s role as a depositary for American Depositary Receipt. Experienced litigator Lewis Clayton chairs the practice, based in New York, alongside department heads and key partners, Brad Karp, chairman of the firm, Theodore Wells, Jessica Carey, and Ken Gallo. 

The ‘exceptional‘ team at Greenberg Traurig LLP advises on a spectrum of ERISA matters including fee disclosure, employer stock drop litigation, breach of fiduciary duties and Department of Labor investigations. Clients of the practice include ERISA trustees, employee plan sponsors, administrators and service providers. Co-heading the team is Philadelphia’s James Boudreau, Denver’s Naomi Beer, and in New York, Jonathan Sulds. Sulds specializes in collective bargaining and ERISA litigation, including stock drop cases. In Silicon Valley, Megan Ray and associate Stephanie Ahmad focus on the design and implementation of benefit plans and counsels on healthcare reform compliance and regularly litigating ERISA cases. Jeff Mamorsky left to COHEN & BUCKMANN P.C. in May 2023.

Sitting within the firm’s wider labor and employment team led by Miguel Eaton and Eric Mosier, based in Washington DC and New York respectively, Jones Day’s ERISA litigation practice has experience in withdrawal liability, benefits issues in bankruptcy and pension de-risking. Eaton focuses his ERISA practice on defending class actions including 401(k) plan fee cases, litigating on behalf of employers contributing to multiemployer plans, and defending against Department of Labor investigations. A key name to note based in Washington is Evan Miller, who litigates on behalf of corporate plan sponsors, multiemployer plan contributors and fiduciaries in class action allegations of breach of duty under ERISA.

Representing a wide range of clients, Schulte Roth & Zabel LLP handles both individual and class action ERISA matters with a focus on multi-employer pension plans, particularly in relation to pension provisions of the America Rescue Plan Act. The firm handles matters including fiduciary breaches, withdrawal liability, and challenges to plan provisions and amendments, and represents clients before regulators including the Department of Labor, the IRS and the Pension Guaranty Corporation. The employment and employee benefits group is led by New York-based lawyers, Mark Brossman and Ronald Richman. Richman defends employee benefit plans, fiduciaries and employers in class actions, concentrating on employee benefits and restrictive covenants cases, as well as representing these clients before regulatory bodies.