ERISA Litigation

Protecting Your Future


Blank Rome’s employment and benefits attorneys have extensive experience representing companies, employee benefit plans, and fiduciaries in all aspects of benefits law governed by the Employee Retirement Income Security Act (ERISA). Our ERISA litigators apply a diagnostic approach to the operation of ERISA plans to ensure that they are legally compliant, to correct any deficiencies with minimum disruption to operations and, where necessary, to defend employers, plans, administrators, and fiduciaries in litigation. We routinely represent clients in ERISA matters before the Department of Labor, arbitration panels, bankruptcy courts, federal district courts, and federal courts of appeal.

What We Do

Litigation Prevention Counseling

  • Provide counseling designed to minimize clients’ litigation risks. We educate our clients about ERISA provisions and accompanying regulations and review pension plans (both defined contribution and defined benefit plans), welfare plans and disability plans, as well as the implementation of procedures, to ensure that all are legally compliant.

Representation Before Department of Labor and Internal Revenue Service

  • Represent clients charged with violations before the Department of Labor and Internal Revenue Service with the goal of reaching resolution and eliminating exposure to litigation.

Litigation Services

  • Represent clients in litigation involving the full array of employee benefit issues before arbitration panels, bankruptcy courts, federal district courts, and federal courts of appeal.

What Makes Our Practice Different 

  • Our ERISA litigation attorneys possess both the litigation experience and substantive knowledge effectively to represent clients in all types of matters.
  • Through decades of experience our ERISA attorneys have developed a high level of credibility with the Department of Labor and the Internal Revenue Service.
  • Our ERISA litigation attorneys have an understanding and appreciation of the impact that labor and employment and corporate law matters have on ERISA issues.

Representative Engagements

  • Successful defense of national trucking company in ERISA class action seeking pension benefits.
  • Successful representation of a Chapter 7 trustee in bankruptcy of subprime mortgage company on cutting edge issue involving entitlement to proceeds of $50 million “Top Hat Plan.”
  • Substantially reduced liability of major shipping company for withdrawal liability obligations owed to multiemployer pension plan.
  • Successful resolution of dispute regarding a major financial lender’s status as a functional fiduciary with the Department of Labor thereby eliminating litigation.