ERISA / Employee Benefits Litigation

National Capabilities and Recognition

We represent employers, plan fiduciaries, and sponsors in ERISA litigation
We also provide counseling to identify potential issues and minimize the chance of litigation.
We represent clients in courts throughout the U.S.
We regularly write and speak on the latest developments in ERISA to help keep clients up to date.

Experience and Strength in ERISA Litigation

ERISA is a complex and comprehensive statute accompanied by a detailed regulatory scheme. Clients turn to us for our unique combination of substantive ERISA knowledge and first-rate litigation skills. Our lawyers provide skilled support for successful resolution of ERISA and related benefits controversies.

We have handled ERISA cases for employers, plan fiduciaries, and plan sponsors, defending them when plan participants and beneficiaries allege:

Breaches of fiduciary duty.
Violations of plan provisions and participants’ rights involving claim denials.
Claims of alleged prohibited transactions.

Increasingly, ERISA lawsuits involve a wide range of discrimination claims and other employment law claims, and Rogers & Hardin lawyers are thoroughly familiar with the regulatory framework and case authorities that apply. Because our ERISA practitioners are also experienced employment lawyers and appellate attorneys, the same lawyers can address all aspects of the litigation, reducing costs and ensuring maximum efficiency.

As an added benefit of our deep expertise in both ERISA and employment litigation, our clients work with the same team on all areas of the case. They have direct and immediate access to attorneys who are knowledgeable regarding all aspects of the case and who can offer comprehensive solutions.

An Innovative Statute of Limitations Defense

Client: An investment consulting firm and 2 individual investment consultants
Issue: Defense against breach of fiduciary claims.
Challenges: The case was large and the stakes were high – the lawsuit initially sought more than $160 million in damages.
Outcome: We obtained summary judgment on all but one of Plaintiffs’ claims. Following a bench trial, the court ruled in our clients’ favor on the remaining claim. As part of its ruling, the court accepted our statute of limitations arguments relating to imputed knowledge, an issue of first impression.
Our approach and staffing: Our skill in analyzing ERISA’s statute of limitations was the foundation for a groundbreaking new defense strategy that we developed. This important matter, involving dozens of depositions and more than 5 experts, was staffed with one partner and one associate pre-trial and an additional partner at trial.

Counseling Capability

The best way to mitigate potential ERISA problems is to keep them from occurring. Our lawyers help clients develop and implement plan provisions to meet all legal requirements and minimize the likelihood of ERISA-related lawsuits.

Rogers & Hardin’s Technology Advantage

Our team is especially effective at conducting and managing electronic discovery, producing and reviewing electronic evidence, and using electronic evidence effectively. We combine technical sophistication and litigation skill to handle in-house the entire process of gathering, analyzing and exploiting electronic files and data. We directly identify a client’s strongest position and marshal the information from e-mails, databases and other electronic sources needed to support that position. It’s an approach that includes:

An experienced, internal information technology department with cutting-edge capabilities.
The skill to handle file management and data production internally, resulting in substantial time and cost savings, as well as a wealth of experience with in-house and vendor electronic discovery experts when the client’s preference is to handle these tasks externally.

Our Unique and Efficient Staffing Model

At Rogers & Hardin we take pride in providing the sophisticated legal counsel of a large law firm, using small, partner-led teams of lawyers who focus on client goals, take the straightest path to a solution, and uncover value every step of the way. Each client works with a partner who can handle both the trial and the appeal. Associates are involved as needed, and they are fully committed to being part of a value equation that emphasizes:

A lean staffing ratio that eliminates expensive staffing leverage.
Efficiencies from the use of the latest technologies.
24/7 responsiveness and commitment.

A Successful and Cost-Effective Relationship with a Long-Term Client

Client: An employee welfare benefit plan for a major airline.
Service provided: Defense of employee disability litigation.
Outcome: In excess of 60 matters over a 15-year period, losing only one.
Our approach and staffing: A combination of working on pre-claims processes and standardizing litigation steps led to a cost of defense per matter of about 60% of the market rate over time.

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