Katten represents plan sponsors, boards of directors and board committees, benefit plan committees, trustees, investment managers and other fiduciaries in litigation and other disputes relating to pension and welfare benefit plans.
We provide value-added representation in litigation under the Employee Retirement Income Security Act (ERISA) and other laws that regulate benefit plans. This includes matters involving benefit claims, fiduciary responsibility and liability, recovery of plan assets, "stock drops," plan investments, and ERISA preemption of state law. Our practice combines the skills of seasoned litigators with the hands-on knowledge of our Employee Benefits and Executive Compensation practitioners.
Our lawyers counsel plan sponsors and fiduciaries on the impact of the developing ERISA case law and recommend changes to procedures to anticipate and address issues that might arise under changes in the law. We are also available to counsel plan fiduciaries who manage benefits claims and appeals on adhering to the plan's claims procedures and building a record of the claim in anticipation of an appeal or litigation.
Plans and third-party fiduciaries, such as trustees or investment managers, may be subject to governmental audits or other administrative actions under ERISA or the Tax Code. The Employee Benefits Litigation, Dispute Resolution and Regulatory Audits practice has represented clients in numerous audits by the Internal Revenue Service (IRS) and the US Department of Labor (DOL), and in arbitrations, mediations and pre-litigation negotiations.
In addition, Katten represents clients in federal district court, the US Tax Court, arbitrations and mediations, and pre-litigation negotiations with the IRS and the DOL. Because there is frequent overlap between ERISA and other substantive areas of law, we can and do draw on the firm's experience in employment, tax, health care, insurance and securities litigation to develop a comprehensive litigation strategy.