Morgan, Lewis & Bockius LLP fields an active and highly versatile team capable of handling high stakes ERISA and benefits litigation nationwide, especially in relation to cash-balance plans, ESOP, denial of benefits cases and 401k plan litigation. The team works in close collaboration with the labor and employment practice, with clients benefitting from the ability to access lawyers well versed in employment issues in areas including age discrimination. The firm is noted for its reputation in trials, having seen success in numerous ERISA cases taken to trial and in appellate litigation, including cases before the Supreme Court and in class action defense. In Philadelphia, Jeremy Blumenfeld covers a full spectrum of defense litigation, including ERISA class actions and employee benefits, while Chicago-based Christopher Boran has been active in defense, including defending employers and fiduciaries against claims of imprudently investing retirement plan assets and breaching fiduciary duties. Also in Chicago, Deborah Davidson has experience defending lawsuits involving all types of benefit plans, including 401(k) and 403(b) retirement plans. Situated in New York, Melissa Hill concentrates on employee benefits and pension matters, and in Boston, Keri Engelman routinely handles putative collective actions arising under the FLSA and related state law class actions.

Goodwin specializes in defending financial services companies, as well as other plan sponsors and service providers in class actions against allegations of breach of ERISA fiduciary duties, especially in relation to plan fees and investments. The firm is noted for its capital markets, healthcare and financial services experience, with the team securing victories for clients including MetLife, which resulted in the dismissal of a novel challenge to a plan’s use of prescription-drug rebates. The team’s appellate expertise is noted, with members including Boston-based Alison Douglass and Jaime Santos, in Washington DC, representing clients before circuit courts across the country and before the US Supreme Court. Also in Boston, James Fleckner has been active in defending against new ERISA litigation trends, including pension retirement benefit obligations to insurance carriers that have been filed and class action claims challenging the retention of foreign tax credits under the Internal Revenue Code relating to ERISA assets. Also in Washington DC, Michael Isenman represents a variety of clients including mutual funds and investment advisers in litigation and regulatory contexts including ERISA class actions and shareholder derivative demands and litigation. Christina Hennecken and David Rosenberg are key names.

Based in Washington DC, Groom Law Group, Chartered provides clients with a nationwide service focused in the defense of ERISA class actions, with expertise in a broad range of matters covering breach of fiduciary duty litigation, including 401(k) and excessive fee and investment litigation, to ESOP-related lawsuits. Lawyers, including co-chair Lars Golumbic, have been active in representing health plan sponsors and health insurers in actions brought under under the Affordable Care Act and Mental Health Parity, as well as representing plan fiduciaries and other stakeholders in matters concerning plan funding, restructuring, withdrawal liability and plan termination. Michael Prame benefits from his accounting background and experience with actuarial principles to help clients with defined benefit plans, as well as working through the legal and financial issues raised by the PBGC or other parties in M&A activity. Sarah Adams represents clients in class actions and government investigations, having represented defendants in employer stock, imprudent investment, 401(k) and 403(b) litigation, while William Delany is noted for his focus on defending clients against ERISA class actions.

Spearheaded by Chicago-based Nancy Ross, who is exclusively focused on defending employee benefits class action lawsuits under ERISA, Mayer Brown fields a specialized team separate from its benefits and general litigation practitioners who engage with a vast clientele including plan sponsors, administrators, fiduciaries, trustees and financial institutions in class actions and individual benefits disputes, often covering novel and precedent-setting challenges. One such example involved successfully defending Yale University in a first-of-its-kind jury trial in Connecticut that alleged that the university had breached its fiduciary duty to prudently monitor the plan’s recordkeeping fees and investment lineup, as well as the share classes offered for those investments. Reginald Goeke is experienced in ERISA class actions and has represented boards of directors and special committees in a number of internal corporate investigations and securities and ERISA law violations. Brantley Webb‘s expertise extends to civil litigation and trade secret matters, as well as ERISA class action experience, while Alex Lakatos specializes in class and derivative actions under ERISA, including 401(k) and 403(b) plans. Unless otherwise stated, all lawyers mentioned are based in Washington DC.

Proskauer Rose LLP fields a deep bench focused on ERISA litigation, with the team benefiting from its close collaboration with its employee benefits and executive compensation group and appellate practice group across five different US offices. Lawyers are skilled in handling employee benefits cases nationwide, as well as in bet-the-company ERISA lawsuits, 401(k) and 403(b) plan participant claims, and government investigations. Myron Rumeld, who is known for his ‘effective representation of defendants or plaintiffs, without any inherent bias toward either side,’ covers a full range of ERISA litigation, both at trial and appellate level, including representations of 401(k) plan fiduciaries and class action stock and excessive fee claims. Russell Hirschhorn is experienced in representing a range of clients in federal trial and appellate courts, as well as in investigations commenced by the US Department of Labor and Internal Revenue Service, while Joseph Clark aids clients in defense of class action claims seeking benefits, or alleging ERISA fiduciary breaches. Neil Shah is noted for being instrumental in a NBA players’ pension plan, as well as in representing plan sponsors and fiduciaries in ERISA stock-drop options. All lawyers mentioned are based in New York.

Noted for its ‘deep knowledge of ERISA litigation nationwide,’ the team at Seyfarth Shaw LLP covers a broad spectrum of ERISA and employee benefits litigation covering all stages from filing through trial and appeal. Lawyers benefit from its collaboration with the employee benefits department’s compliance experts in matters including representing employers in disputes with multi-employer Taft-Hartley plans. In Chicago, Ian Morrison focuses on representing Fortune 500 companies in ERISA cases, and is sought out by employers and plan service providers for defense of significant ERISA litigation. Kathleen Cahill Slaught, in San Francisco, acts as lead trial counsel in ERISA litigation, and has been active in ERISA bench trials in the Central District of California in 2024. Also in Chicago, Sam Schwartz-Fenwick counsels clients in employment and employee benefit best practices matters across the changing legal and cultural landscape surrounding the LGBT community, including transgender insurance benefit coverage and setting up protocols for a more gender-fluid workforce, as well as counselling on claims arising from transgender and LGBT employee benefits discrimination.

Willkie Farr & Gallagher LLP specializes in resolving high-stakes disputes, representing employers and ERISA fiduciaries in courts across the US, both in individual and class action lawsuits. The team has been active in ERISA plan fee litigation, reimbursement rights, recovery of pension overpayments, as well as ERISA estoppel and ESOP reimbursement rights and Taft-Hartley litigation, including claims for contributions to multi-employer benefits plans. Craig Martin acts as lead counsel in trials and appeals in state and federal courts for leading companies and families, while Amanda Amert represents employers and ERISA plan providers in federal courts around the country. Kimberley Jones, who joined the firm from Faegre Drinker Biddle & Reath in October 2024, is experienced in employee benefit claim denials and breaches of fiduciary duty on all types of ERISA plan defendants, while Matthew Basil advises Fortune 500 companies on work ranging from commercial disputes to ERISA and breach of fiduciary duty litigation. All lawyers mentioned are based in Chicago.

Led by Caroline English who is noted for her experience in ERISA litigation, ArentFox Schiff is capable of handling all aspects of ERISA, from the administrative appeal process through to litigation, and can cover both pension and health benefits class actions. The team has pioneered the development of an internal managed care litigation space, which primarily represents health care providers in litigation, as well as combining its experience with bankruptcy and employee benefits to deal with benefits issues faced by companies and municipalities either in financial distress or affected by bankruptcy proceedings. Alison Anderson exclusively focuses on ERISA and employee benefits litigation, having defended companies and retirement plans against breach of fiduciary duty and benefits claims. Katie Heilman is noted for her capabilities in litigating in both state and federal courts across the country. All lawyers mentioned are based in Washington DC.

King & Spalding LLP is experienced in large-stakes ERISA class actions, with a track record in defending class actions involving investment choices, excessive fees and allegations of self-dealing in 401(k) and other retirement plans. One leading matter the firm handled included representing Archegos Capital Management, in which Atlanta-based David Tetrick successfully dismissed the claim raised against Archegos in a case brought by a former employee, alleging that the bonus plan is governed by ERISA and thus plan participants were owed millions in alleged plan losses. Also in Atlanta, Darren Shuler focuses on ERISA class action litigation and employee benefits disputes, while New York-based Dana Berkowitz, who joined the team from Stris & Maher LLP in July 2024, is experienced in ERISA-governed insurance reimbursement disputes and license revocation actions.

McDermott Will & Emery LLP fields a dedicated team focused on the full spectrum of ERISA coverage, from expertise in handling ERISA and ESOP matters, to handling 410(k) and 403(b) class actions. In ESOP litigation, the team has litigated nationwide in claims against US Department of Labor investigations and Internal Revenue Service audits for a wide clientele, including institutional and individual ESOP trustees, ESOP companies and their directors, as well as investors in class actions. Situated in Chicago, Ted Becker co-heads the practice alongside Christian Nemeth, who splits time between Chicago and Miami, with Becker focused on ERISA litigation and defending clients in government investigations and audits related to employee benefit, health and welfare and retirement plans, while Nemeth is experienced in handling appeals before various circuits relating to ERISA litigation. New York-based Joshua Simon and Julian André in Los Angeles are key names.

Miller & Chevalier Chartered is experienced in handling ERISA litigation, especially within the context of novel health benefits issues before the Federal Courts of Appeals and the US Supreme Court. The firm has been an active player in the implementation of the Affordable Care Act and the ERISA provisions of the Consolidated Appropriations Act 2021, which include the mental health parity and No Surprises Act provisions for a range of health insurers. Joanne Roskey spearheads the practice and utilises her prior experience serving in the DOL Solicitor’s Office to aid her clients in high profile ERISA litigation, appellate hearings and regulatory and government investigations. Anthony Shelley has been on the forefront of the firm’s ERISA litigation, including defending a large insurer of ERISA plans in a putative class action challenging the administration of pharmacy benefits, while Theresa Gee is skilled in litigation and counseling in connection with fiduciary responsibilities and compliance with ERISA. All lawyers mentioned are based in Washington DC.

Baker Botts L.L.P. combines its trial expertise with its knowledge and experience in ERISA litigation, employee benefits and executive compensation matters to aid fiduciaries of ERISA plans and fiduciaries across the US in a range of matters. The firm has been active in representing clients in single-plaintiff, multi-plaintiff and class action matters across a variety of services, including breach of fiduciary duty claims, benefit entitlement claims and medical provider claims against employer plans. The firm benefits from its history working with energy companies to undertake ERISA litigation and advisory services for energy companies. In San Francisco, Christopher Rillo is an experienced ERISA litigator focused on all areas of benefits litigation, including benefit issues involving ESOPs, plan fee litigation and retiree health litigation. Houston-based trial lawyer Tina Nguyen focuses on pension and ERISA matters including lease and power purchase agreements. Earl Austin, in Dallas, is a key name, and Scott Nelson, based in Houston, joined the team from Hunton Andrews Kurth LLP in February 2024.

Greenberg Traurig, LLP covers a broad range of ERISA and employee benefits cases, including representing clients in fee disclosure, employer stock drop litigation, benefit discrimination and breach of fiduciary duties. Taking advantage of its geographic footprint, the team is able to advise clients nationwide in any ERISA or ESOP based issue, alongside working with its other departments to provide clients with a full service. In New York, Jonathan Sulds represents employers in ERISA litigation and whistleblower matters, and has been active in representing administrative committees of retirement savings plans. Based in Silicon Valley, Magan Ray is experienced all areas of employee benefits and ERISA matters, including the design, implementation and operation of retirement plans, as well as health and welfare benefit plans. Craig Waugh, in Phoenix, focuses on employee benefits and executive compensation disputes, including litigating benefit claims under ERISA.

Led by Atlanta-based trial lawyer Todd Wozniak, who defends companies, fiduciaries and public institutions throughout the US, Holland & Knight LLP is active in representing a wide variety of clients, from plan sponsors to trustees and plan administrators in all aspects of ERISA, ESOP and employee benefits litigation. The team is regularly engaged with litigation arising out of retirement, as well as health and welfare benefit plans brought by plan participants, medical providers and issues arising from the Affordable Care Act. One key matter the firm has been engaged in includes representing defendants from Torgerson Properties dealing with a novel issue of whether the sale of the stock held by the TPI Employee Stock Ownership Plan was a prohibited transaction. In Chicago, Chelsea Ashbrook McCarthy and Atlanta-based Lindsey Camp are active in defense in ESOP matters and 401(k) plans alleging claims of breach of fiduciary duty and prohibited transactions.

Jones Day's ERISA litigation practice is skilled in handling bet-the-company benefits related litigation, with the team being on the forefront of novel issues, such as challenging the long-standing practice of how some unions defined benefit pension plans to calculate liabilities for employers that ceased contributing to these plans. Both Evan Miller and Miguel Eaton were instrumental in the matter, with Miller experienced in litigating employee benefits issues on behalf of corporate plan sponsors and multi-employer plan contributors, while Eaton specializes in aiding clients with employee benefits issues that present significant business challenges. Kevin Noble advises clients on employee benefit plans and the employers who sponsor them, including resolving issues connected to legacy liabilities that are present within benefit plans, as well as corporate finance issues. All lawyers mentioned are based in Washington DC.

With strengths in representing a wide range of clients in multi-employer pension plans and multi-party litigation, Schulte Roth & Zabel LLP‘s ERISA coverage spans the defense of employee benefit plans, fiduciaries and employers in class actions, as well as matters brought by individual plaintiffs. Ronald Richman co-heads the practice and is focused on litigating employee benefits, partnership cases and employment disputes between employers and key employees in federal and state courts throughout the United States. Mark Brossman also co-heads the practice and is experienced in advising educational institutions on legal issues impacting the workplace, including employment law, labor law, ERISA and education law. Donna Lazarus was promoted to partner in January 2024. All lawyers mentioned are based in New York.

With ‘deep knowledge and expertise’ in ERISA class actions, the Chicago-based team at Sidley Austin LLP is experienced in matters both at trial and appeal, with clients including US public and private companies from a broad range of industries having sought out the firm for its full coverage of ERISA issues including 401(k) and 403(b) plan fee litigation, company stock litigation and health and welfare litigation. In Chicago, Eric Mattson serves as lead counsel for major healthcare and pharmaceutical companies in 401(k) stock drop cases and 401(k) plan fees and expenses, while Mattson is experienced in claims alleging violations of ERISA’s fiduciary standards, as well as challenges to retirement plan structures. Brian Kavanaugh and Liz Austin are key names.

Steptoe LLP is experienced in a range of matters involving ERISA including benefit claim disputes, as well as representing fiduciaries of a 401(k) plan in putative class actions. The firm’s broad clientele includes a range of Fortune 500 and energy companies including Salesforce and Eversource Energy, with capabilities extending to litigating matters in federal courts at both the trial and appellate levels. Trial attorney Eric Serron, in Washington DC, is noted for his expertise in counselling clients through their obligations under Title I of ERISA, including compliance with ERISA’s fiduciary responsibility provisions and prohibited transaction rules.