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 significant 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
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
- Defended a 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 client’s favor;
- Defended a fiduciary against a breach claim involving the denial of pension benefits where the plan participant sought additional pension benefits on the ground that a break-in-service did not occur and the court granted summary judgment in our client’s favor;
- Defended a fiduciary against a breach claim involving the denial of welfare benefits where the court granted our client’s motion for summary judgment;
- Defended a fiduciary against a breach claim and challenge to the plan sponsor’s authority to amend trust agreement where the trial court granted summary judgment in our client’s favor and the appellate court affirmed;
- Defended a plan administrator against breach of fiduciary duty claim involving the denial of welfare benefits where the court granted summary judgment in our client’s favor;
- Defended a fiduciary against a claim by plan participant regarding termination of participation where the court granted summary judgment in our client’s 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 client’s favor; and
- Prosecuted a breach of fiduciary litigation, on behalf of a fiduciary, against another fiduciary that digressed from the terms of the plan causing significant losses and, after overcoming a summary judgment motion, settled the litigation on terms favorable to our client.
