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ERISA Controversy

Overview

Bingham Greenebaum Doll LLP'­s attorneys represent a diverse group of clients, including plan sponsors, fiduciaries, trustees, third-party administrators, and life, health and disability insurance companies involved in lawsuits and controversies involving ERISA. Our attorneys counsel and defend our clients against allegations by individual and multiple plaintiffs, and violations and claims asserted by the Department of Labor, Internal Revenue Service, and the Pension Benefit Guaranty Corporation under Titles I, II, and IV of ERISA.

Our attorneys have the ability to handle the complex issues being presented in the acute wave of ERISA-related litigation and to respond to the aggressive scrutiny of the Department of Labor, Internal Revenue Service and the Pension Benefit Guaranty Corporation. Our attorneys frequently lecture employers, plan sponsors, service providers and professional groups on ERISA-related developments. Our attorneys also hold leadership positions in prominent employee benefits organizations.   Several of our attorneys are listed in The Best Lawyers in America® (Woodward/White).

Our attorneys provide experienced counsel and representation on the following:

  • Defending plan sponsors, third party administrators and life, health and disability insurers in litigation and controversies alleging breach of fiduciary duties, prohibited transactions, disputed benefit claims and other ERISA-related issues.
  • Responding to employee benefit plan examinations, investigation, inquiries and enforcement proceedings by the Internal Revenue Service, the Department of Labor and the Pension Benefit Guaranty Corporation.
  • Counseling fiduciaries on the selection, retention, and monitoring of plan investment advisors and other service providers.
  • Counseling clients on strategies to avoid benefits litigation and controversies.
  • Identifying fiduciary status and potential liability, and interpreting (and, in some cases, obtaining) advisory opinions and other guidance from the Department of Labor.
  • Counseling on fiduciary responsibility in the administration of employee benefit plans, including plan fees and expenses, the disposition of dividends and demutualization proceeds derived from group insurance contracts and the investment of assets used to fund employee benefits.
  • Counseling on claims processing and appeal procedures.
  • Providing legal compliance reviews of plan administration.
  • Reviewing and negotiating service provider arrangements.
  • Resolving operational or other controversies through IRS and Department of Labor compliance programs.
  • Obtaining private letter rulings from the IRS and advisory opinions from the Department of Labor.

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