Employee benefit plans play a crucial role in attracting and retaining key employees; however, if the plans are not designed or administered properly, they can become the subject of complex and difficult litigation and significant potential liability. The plaintiff’s bar has become more and more creative in finding new ways to assert class action cases against plans and their fiduciaries and sponsors, even when the plan has been operated with care and the best of intentions. The onslaught of “stock drop” and "administrative fee" cases, for example, has resulted in years of complex litigation, confusing and inconsistent rulings and multi-million dollar settlements. When faced with an ERISA claim, the plans and their fiduciaries and sponsors need an experienced team with great depth in all areas of litigation, employee benefits and labor law to provide the defense.

The ERISA litigation practice group at Hunton Andrews Kurth LLP is comprised of a cross-section of lawyers in our labor and employment, litigation, and employee benefits groups practicing in our offices across the country. We are experienced in  all aspects of ERISA litigation, from complex procedural issues,  class action, and securities issues to sensitive labor and employee relations considerations and underlying employee benefit plans  and the complex federal rules that govern those plans. Whether you are faced with a single plaintiff benefits denial claim or a breach of fiduciary duty case that involves class claims for millions of dollars, we will deploy the appropriate resources to deal with the matter in an efficient and comprehensive way.

While proactive measures are highly effective in managing risk, conflicts will sometimes be unavoidable. The ERISA litigation group at Hunton Andrews Kurth readily and aggressively supports  clients in their ERISA litigation challenges. Our firm defends trustees and plan administrators in lawsuits or regulatory actions alleging breach of fiduciary duty or violation of plan provisions. Our team has successfully defended clients in a broad range of ERISA suits, including:

  • Stock drop cases
  • Class actions involving alleged ERISA prohibited transactions and other fiduciary breaches
  • Cases involving multi-employer plans, including withdrawal liability and other matters arising in collective bargaining
  • Alleged wrongful denial of benefits under pension and welfare benefit plans and cases involving discrimination
  • Cases raising complex medical and psychological issues, such as experimental care
  • Cases involving equity compensation and executive deferred compensation arrangements
  • Alleged denial or withholding of severance, pension, health or disability benefits
  • Cases involving alleged transactions prohibited by the IRS or Department of Labor regulations
  • Alleged failure to comply with ERISA, HIPAA, COBRA or the Tax Code