Practice Areas

ERISA

LLFW has represented ERISA trust funds and their administrators and fiduciaries in numerous federal and state litigations and in arbitrations before the American Arbitration Association, most of which involve evidentiary hearings that place a premium on the firm’s trial skills. The firm has particularly extensive experience defending employee benefit plans and their trustees against claims that the trustees breached their fiduciary duties to plan participants, usually in the context of a denial of benefits under a plan or in actions challenging plan restrictions on particular types of coverage.

Among the many other types of ERISA-related disputes that LLFW has litigated or arbitrated include claims between ERISA trust funds and traditional insurance carriers involving the construction of non-duplication and coordination-of-benefits provisions in the fund’s plan documents; challenges to denials of coverage against which plan fiduciaries have defended under the ERISA doctrine of exhaustion of administrative remedies; claims involving fraudulent applications to participate in an employee benefit plan; and claims involving the eligibility for retroactive medical coverage under COBRA.

Based on the knowledge and practical experience that it has acquired in litigating and arbitrating ERISA disputes, LLFW is often asked to provide counseling on the drafting of employee benefit plan documents or amendments to those documents. In so doing, the firm has been instrumental in clarifying plan provisions and policies and enabling employee benefit plans and their fiduciaries to avert future disputes.