benefits of experience

Recent successes include:

• Obtained summary judgment against defendant class following challenge to sponsor’s target pension plan on the grounds that its use of previously vested benefits as an offset violated state and federal prohibitions against age discrimination.
• Obtained dismissal of named plaintiff’s claims and won summary judgment on prohibited transaction claim alleging wrongdoing in the selection and retention of 401(k) investment options after defeating motion for certification of mandatory class, represented sponsor on remaining claims that plaintiff brought on behalf of opt-out class.
• Obtained dismissal of class action claims alleging that plan officers and directors of major financial services company breached fiduciary duties and engaged in prohibited transactions resulting in damages of over $1 billion through an investment strategy that disproportionately favored equities.
• Successfully resolved claims that plan sponsor’s benefits committee breached fiduciary duties in retaining company stock as a 401(k) investment option after its price dropped over 90 percent.
• Obtained dismissal of a nationwide class action alleging that a claims administrator’s management of health plans violated state and federal mental health parity laws.
• Currently representing major health care carrier and over 250 plan sponsors in lawsuit alleging violations of ERISA, the Americans With Disabilities Act, and other federal and state claims in the administration of claims for bariatric benefits, as well as a related counterclaim seeking over $43 million from medical providers and their principals for health care fraud.
• Obtained summary judgment on behalf of employers and insurers on numerous claims for benefits under severance, health, life, disability and pension plans.