ERISA Litigation

The Employee Retirement Income Security Act of 1974 (ERISA) governs employee benefit plans of private employers. Businesses and plan fiduciaries must keep pace with emerging ERISA amendments, regulations and court cases, all of which can impose complex compliance obligations and increase the risk of liability for benefit claims, claims for breach of fiduciary duty, and high-stakes class action litigation.

McGuireWoods’ ERISA litigation practice combines extensive ERISA and executive compensation knowledge with a deep bench of experienced litigation, labor relations and trial lawyers. We understand the technical fields critical to success in benefits and executive compensation litigation, including ERISA, tax, corporate and securities regulations, and have extensive experience in class action litigation and large-scale electronic discovery.

Our ERISA litigation team is drawn from McGuireWoods’ employee benefits, labor and employment, corporate finance and commercial litigation groups. Our litigation capabilities are enhanced by our direct experience representing and negotiating with financial institutions, insurers and other key service providers.

Our strong labor relations team maintains an active practice focused on arbitration and litigation of collectively bargained benefits claims, including retiree health care, shutdown pensions, downsizing claims, controversies regarding multi-employer plan withdrawal liability and contributions, and National Labor Relations Board (NLRB) charges relating to benefits.

We regularly handle executive compensation claims involving ERISA top hat plans, change in control agreements, and stock option and equity claims. We have successfully defended employers and insurers against Equal Employment Opportunity Commission (EEOC) charges relating to benefits issues, including charges of alleged discrimination in benefit terms concerning the Age Discrimination in Employment Act (ADEA) and the Americans with Disabilities Act (ADA).