Employee Benefits Litigation

We represent employers, retirement plans, plan fiduciaries and administrators in litigation related to employee benefits, including:

• Defending against ERISA claims; 

• Bringing ERISA claims on behalf of plan administrators;

• Representing fiduciaries and plan sponsors in pension and benefit plan terminations;

• Reviewing benefit claims and defending their decisions in the event of a subsequent challenge; 

• Seeking reimbursement for expenses paid on behalf of an employee or dependent injured by a third party.

Clients turn to Womble Bond Dickinson for guidance in employee benefits litigation, including:

• Pre-litigation risk assessment and planning;
• Disability and retirement benefit claims disputes;
• Appeals of medical claim denials;
• Retiree welfare plan litigation;
• Disputes involving actuaries, benefits consultants, third-party administrators, record-keepers, and other plan service providers;
• 401(k) fee cases;
• ESOP and 401(k) plan employer stock cases;
• Department of Labor audits and investigations;
• Internal Revenue Service audits, closing agreements and appeals;
• Representation before government agencies;
• Disputes related to rabbi trusts, “top hat” plans, and other executive compensation arrangements;
• Controversies stemming from the preemption, prudence, and prohibited transaction provisions of ERISA.

In addition to defending clients against claims, we also advise employers and service providers in assessing potential claims and preparing the record to support the defense in anticipation of a lawsuit.