Our team of experienced and capable litigators work closely with our firm-wide Employee Benefits and Executive Compensation, ERISA Financial Services, Investment Management, Securities and Corporate Governance, Litigation, Labor and Employment and Insurance practices. We defend claims against employers that sponsor ERISA-governed employee benefits, welfare and retirement plans, as well as the plans, plan fiduciaries and insurers. Our experience includes defense of claims, audits and investigations brought by the U.S. Department of Labor, the IRS and the Pension Benefit Guaranty Corporation.

Our attorneys across the United States have handled the full spectrum of ERISA litigation. Those cases have included class actions involving thousands of class members, multi-employer pension plan withdrawal liability claims, breach of fiduciary duty and prohibited transaction claims, actions involving 401(k) and other retirement plans, actions involving employee stock ownership plans (ESOPs), disputes involving executive compensation and non-qualified deferred compensation plans and actions against benefit plans and sponsors, fiduciaries and service providers, in both state and federal court.

We have represented clients in a wide variety of ERISA-based actions, including government and participant claims in connection with valuation and investments in company stock, selection of real estate investments and oversight of investment managers, investment advisers, third-party administrators and actuaries.

We have defended plan sponsors, corporate directors and officers and ERISA fiduciaries in some of the highest profile lawsuits, U.S. Department of Labor investigations and Internal Revenue Service audits involving ESOPs, and we have deep experience with issues unique to ESOP transactions and administration.

Dunlap Bennett & Ludwig also advises clients on plan administration and regulatory compliance issues to minimize the risk of litigation. We assist ERISA and ESOP plan sponsors with the documentation of plan terms, appointment and oversight of plan administrators and service providers, participant disclosures and processes for claims review and appeal. We advise clients in the process of voluntary corrections under U.S. Department of Labor and IRS programs. We also advise clients regarding application of eligibility provisions to independent contractors and other contingent worker and plan loan and COBRA procedures. We work with clients to better enable them, their plans and fiduciaries, to address participant claims and concerns and help minimize exposure to litigation.

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