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ERISA Litigation

Arnold & Porter has the capacity, both within its employee benefits group and in conjunction with its nationally renowned litigation group, to provide counseling and assistance to its clients in the event of any employee benefits litigation. Our lawyers have represented employers in ERISA litigation matters ranging from alleged breaches of fiduciary duty to benefit claims to multi‑employer pension plan withdrawal liability.

Because of a steady diet of alleged wrongful denial of pension, health, disability, and life insurance benefit cases, our ERISA litigation attorneys have confronted a host of removal, preemption, administrative remedy exhaustion, standing, standard of review, and reporting and disclosure issues. These issues have come up in single-claimant, multiple-claimant, and class action cases, and have involved both single-employer plans and multiple-employer welfare associations (MEWA). We also have advised clients about the fulfillment of their ERISA‑imposed fiduciary duties, given counsel regarding the complicated prohibited transaction requirements of the statute and related regulations, and presented client positions on these issues in court when necessary.

Our ERISA litigation attorneys are comprised of lawyers from the firm's nationally recognized Litigation and Compensation and Benefits groups. As a result, in addition to litigation, a breadth and depth of experience exists in every aspect of ERISA compliance, plan design, implementation, administration, and enforcement.