Practice Areas

Multiemployer & Public Plans

In an already-concentrated area of the law, one of our practice group’s chief strengths is its deep appreciation for the more technical aspects of designing, implementing and administering both Taft-Hartley & public pension and welfare plans (“multiemployer plans”). Our generations of employee benefit lawyers have been providing expertise in this area since the first multiemployer plan was established in 1940.

We have experience with all issues involving multiemployer plans, including obtaining favorable determination letters, drafting and amending plan documents and summary plan descriptions, reporting and disclosure obligations, negotiating service provider agreements, merging plans, and defending plans during government investigations and audits.

We regularly work with multiemployer plans of all sizes on day-to-day issues of administrating pension and welfare plans. On a regular basis, we advise trustees and plan administrators on a wide variety of ERISA and tax issues. These include questions regarding reporting and disclosure, participation, vesting, funding, benefit accrual, fiduciary responsibility, prohibited transactions, plan termination, asset reversion, merger, employer withdrawal liability, service provider agreements, Qualified Domestic Relations Order (“QDROs”), the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the Health Insurance Portability and Accountability Act (“HIPAA”), various IRS correctional programs, bankruptcy, discrimination, federal and state agency enforcement, and other laws.

We routinely handle civil litigation involving multiemployer plans in all areas including delinquent contribution claims, withdrawal liability, recovery of fund losses, subrogation, breach of fiduciary duty claims, and challenges to plan rules.

Awards

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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

  • Counsel to multi-billion dollar pension funds.
  • Successfully designed, created and obtained regulatory approval of a cutting-edge welfare benefit plan with multiple employer participation.
  • Negotiated a severance package and agreement for a senior executive of a Fortune 500 company.
  • Successfully defended a multiemployer pension plan against the Department of Justice, having several hundred thousand dollars in penalties abated.
  • Counsel to the employee benefit plans of professional athletes.
  • Established nonqualified deferred compensation plans for tax-exempt entities with significant assets.
  • Counsel to VEBAs with individual assets exceeding $500 million.
  • Negotiated an employment agreement for a senior executive in conjunction with a change in control.