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Anderson Kill has earned a national reputation in the field of ERISA litigation. Our attorneys have extensive experience representing self-funded plans, pension plans and plan sponsors in disputes with third-party administrators and insurance companies. This practice is a natural complement to, and builds upon, our vast expertise in representing policyholders against insurance companies in the property-casualty arena. Our achievements as ERISA counsel include victories before the United States Supreme Court, before federal juries and before the need to file lawsuits even arises. For example, as counsel to Harris Trust & Savings Bank, the trustee for the Unisys Pension Plan, the firm argued and won the landmark victory in the United States Supreme Court which held that an insurance company managing pension funds under a group annuity contract is an ERISA fiduciary. As counsel to Esselte Corporation in a Southern District of New York action captioned Aetna Insurance Co. v. Esselte, the firm won both a jury verdict in Esselte's favor and an award of attorneys' fees to Esselte. As counsel to self-funded plans in active matters, the firm has persuaded insurance companies to pay substantial sums without resort to litigation. The firm also offers extensive experience in defending plans and plan sponsors from class actions brought by employees who allege violations of ERISA and other corollary claims, such as claims under the Racketeer Influence and Corrupt Organizations Act. In addition, the firm has extensive experience in representing plans and plan sponsors in classic insurance coverage disputes with fiduciary liability insurance companies and the related area of employment practices liability insurance. In these areas, we have obtained insurance coverage for the defense and indemnification of actions alleging breaches of fiduciary duty under ERISA and other matters. We also have experience in handling matters that relate to the planning, compliance and audit of employee benefit plans under the ERISA and non-ERISA top-hat plans for key executives and highly compensated employees. Our expertise includes advising taxable and tax-exempt organizations on the types of benefit plans that can be adopted, in drafting the necessary documents and, when required, submitting these documents to the Internal Revenue Service for approval. Our ERISA practice group brings to bear a large group of seasoned federal court litigators, skilled in the areas that often are involved in ERISA lawsuits, including the intricacies of ERISA, health care, insurance law, contracts law, bad faith actions and complex jurisdictional and choice-of-law issues. It is a formidable combination. |
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Prior results do not guarantee a similar outcome. |
