Employee Benefits Litigation

Facing a dispute about your benefits or compensation plan? Disagreements, litigation, and audits are stressful, with pitfalls lurking behind every corner. Let us be your guide.


Litigation, settlement discussions, and audits are stressful experiences, pulling you away from running your business. Turn to us for guidance. Not only have we been through this before, this is what we do every day. With our understanding of benefits plans, executive compensation programs, and securities, we can be your advocate, helping you navigate an audit, regain compliance, or defend your plan in court.

When potentially problematic claims arise, you may benefit from counsel early in the review process to help build a careful and thorough response, possibly eliminating future litigation. For those claims that have been denied and denied then again on appeal, we will counsel you through the pre-litigation process, conducting a cost-benefit analysis of defending the plan at trial and preparing everyone for the process associated with litigating a claim.

We have defended lawsuits – ranging from several thousand to several million dollars – across the United States in a spectrum of matters including:

  • Denial of benefits (health, life, disability, retirement, and deferred compensation)
  • Executive compensation and ‘top-hat’ plans (nonqualified deferred compensation or supplemental executive retirement plans for executives)
  • Penalty claims
  • Breach of fiduciary duty
  • Church plans
  • 401k stock drop
  • Failure to provide information to plan participants
  • Improper offsets
  • Interpleader claims on behalf of plans to determine proper payee
  • State law claims (i.e. breach of contract, state insurance laws)
  • Employee Stock Ownership Plans (ESOP)