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Ever since the Enron debacle, it seems that ERISA litigation has been on the rise. Enron proved to be only the first in a series of high-visibility stock drop cases filed against well-known companies. More recently, a new spate of class action lawsuits have been brought against household corporate names, alleging that plan fiduciaries paid their service providers more than reasonable compensation for investment and record-keeping services. While many corporate sponsors have been named as defendants in these lawsuits, financial institutions providing services to plans have not been spared. And the trend may continue, as the U.S. Department of Labor is revising its disclosure requirements in proposed and final regulations that may prove to be fertile litigation ground for the unwary.

At Thompson Hine, we have assembled a litigation team led by veteran litigator Jack Fuchs, who has devoted his practice to ERISA litigation. Our team members come from multiple practice groups, including Business Litigation, Corporate Transactions & Securities, Employee Benefits & Executive Compensation, Labor & Employment and Tax, combining litigation experience with the substantive knowledge necessary to address the complex and varied issues presented in litigation arising under ERISA.

We handle the full range of ERISA litigation, from defending pre-litigation DOL enforcement actions involving plan fiduciaries and service providers to breach of fiduciary duty, benefits claims, cash balance plans and retiree litigation:

• Employer stock, cash balance and 401(k) cases
• Fiduciary breach litigation
• ERISA preemption litigation, including employer stock drop cases, retiree health care cases, plan termination and reversion cases, ESOP stock valuation cases, co-fiduciary liability and service providers cases, and ERISA §510 cases
• Plan termination and reversion litigation
• Benefits claims litigation
• Multi-employer plan litigation
• Cash balance litigation
• ESOP litigation
• Claims litigation
• Retiree health litigation