ERISA Litigation
Orrick's ERISA litigation lawyers represent clients in connection with various ERISA claims,
including claims for benefits, breach of fiduciary duty, retaliation and interference. Orrick's
ERISA 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. We 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 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 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
Types of Industries
We have handled cases involving all aspects of counseling and litigation related
to employee benefit plans for clients in many industries, including:
- Biotechnology
- Financial Services
- Insurance
- Manufacturing
- Pharmaceutical
- Professional Services
- Technology
- Retail
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