ERISA & Benefits Litigation

​Orrick's ERISA and Benefits Litigation lawyers represent clients in connection with various ERISA claims, including claims for benefits, breach of fiduciary duty, retaliation and interference. Orrick's ERISA and Benefits Litigation lawyers counsel clients on withdrawal liability exposure in multiemployer pension plans and on the effects of asset sales and corporate transactions on potential withdrawal liability. Our lawyers also arbitrate disputes concerning withdrawal liability assessments and litigate a broad range of ERISA issues, including multiple plaintiff denial of benefit claim enforcement actions.

Our ERISA and benefits litigation lawyers work closely with Orrick's Compensation and Benefits Group, whose lawyers have extensive experience in the application of the tax qualification and ERISA requirements imposed on pension plans, including the eligibility and accrual requirements of Sections 410 and 411 of the Internal Revenue Code and the similar provisions of Sections 202, 203 and 204 of ERISA.

Types of ERISA and Benefits Claims

  • Claims for benefits (disability, severance, change-in-control severance, pension, ISO and other stock option claims) and related claims
  • Excessive fees and other fiduciary duty litigation arising out of compensation of corporate executives and on ESOT participant derivative claims
  • ERISA preemption of state law claims and claims by the Department of Labor for damages, administrative penalties and bar orders

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