Practice Areas

Delinquent Contributions

We have extensive experience prosecuting litigation, on behalf of boards of trustees of multiemployer plans, to satisfy their fiduciary responsibility to collect delinquent employer contributions. We also have experience representing trustee boards in arbitrations involving the withdrawal of a contributing employer and defending trustees against litigation involving overpayment.

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 Committee

AV Peer Review Rating by Martindale-Hubbell

Practice Highlights

  • Prosecuted countless lawsuits to recover delinquent employer contributions amounting to hundreds of millions of dollars;
  • Prosecuted a motion for summary judgment on behalf of the boards of trustees of multiemployer pension and annuity plans against a delinquent employer and obtained an award of hundreds of thousands of dollars, plus interest and attorneys’ fees, and an order that defendants produce records for audit;
  • Appealed a judgment that denied ERISA statutory remedies and reduced the interest payable on delinquent contributions to multiemployer pension, welfare and apprenticeship plans;
  • Prosecuted a motion to compel on behalf of the board of trustees of a multiemployer pension plan and obtained an award of attorneys’ fees to the Trustees;
  • Prosecuted a motion for summary judgment on behalf of the board of trustees of a multiemployer pension plan determining liability for contributions;
  • Prosecuted, on behalf of the board of trustees of a multiemployer pension plan against a delinquent employer, a motion for sanctions, a motion to strike defendant’s answer and a motion precluding defendant from submitting evidence;
  • Prosecuted a delinquent contribution claim on behalf of the boards of trustees of multiemployer pension, welfare and apprenticeship plans against a non-signatory employer based on an alter-ego theory and obtained an award of delinquent contributions, interest, liquidated damages, attorneys’ fees and costs; and
  • Defended board of trustees of a multiemployer benefit plan against an ERISA claim by a contributing employer to recoup overpayments made to the plan where on appeal the Second Circuit Court of Appeals reversed in our client’s favor and on remand the district court entered final judgment accordingly.