practice_areas

Fiduciary Breach Litigation

ERISA creates a complex web of fiduciary duties that has resulted in litigation by plan participants and beneficiaries as well as breach of duty claims against co-fiduciaries. We have superior experience representing fiduciaries in breach litigation involving the denial of benefits, challenges to plan rules, plan administration and the selection, performance and diversification of plan investments.

Awards

employment_awards

Who’s Who Legal Awards

Charter Fellows of the College of Labor and Employment Lawyers

Former Chairs of the American Bar Association’s Labor and Employment Law Section

New York Super Lawyers

Former Chairs of the New York State Bar Association’s Labor and Employment Law Section

Former Chair of the American Bar Association’s Equal Employment Opportunity Committe

AV Peer Review Rating by Martindale-Hubbell

Practice Highlights

  • defended fiduciary against a breach claim involving the denial of pension benefits and administration of the plan where the plan participant sought to recover additional pension benefits and the court granted summary judgment in our favor;
  • defended fiduciary against a breach claim involving the denial of pension benefits where the plan participant sought additional pension benefits on the grounds a break in service did not occur and the court granted summary judgment in our favor;
  • defended fiduciary against a breach claim involving the denial of welfare benefits where court granted our motion for summary judgment;
  • defended fiduciary against a breach claim and challenge to plan sponsor’s authority to amend trust agreement where the court granted summary judgment in our favor and, after court appeal, it was affirmed;
  • defended plan administrator against breach of fiduciary duty claim involving the denial of welfare benefits where the court granted summary judgment in our favor;
  • defended fiduciary against claim by plan participant regarding termination of participation where the court granted summary judgment in our favor;
  • prosecuted fiduciary breach litigation, on behalf of a fiduciary, against another fiduciary related to the plan sponsor’s right to enforce plan rules where the court granted partial summary judgment in our favor; and
  • prosecuted breach of fiduciary litigation, on behalf of a fiduciary, against another fiduciary that digressed the terms of the plan causing significant losses and, after overcoming a summary judgment motion, settled the litigation on terms favorable to our client.