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ERISA Litigation
Pension and welfare benefit plans are the subject of a growing volume of complex, high-stakes litigation. The rights and remedies of participants, and duties and liabilities of asset managers and administrators in pension, 401(k), health and disability insurance, and other plans are being tested and defined under ERISA (the Employee Retirement Income Security Act of 1974) and the Internal Revenue Code.
Katten’s ERISA litigation experience combines the skills of seasoned litigators with the hands-on knowledge of lawyers who regularly counsel plan sponsors and fiduciaries on the impact of the developing case law. Together we are able to navigate the nuances of the statute, understand the practicalities and complexities of the plans, and develop the most effective and efficient strategies for achieving results for our clients. Partners from our Litigation and Dispute Resolution and Employee Benefits practices, with assistance from a select group of associates who are well versed in this area of the law, work together to represent clients in federal district court, the United States Tax Court, arbitrations and mediations, and pre-litigation negotiations with the Internal Revenue Service and the Department of Labor. As a result of the frequent overlap between ERISA and other substantive areas of the law, we are able to apply the firm’s experience in employment, tax, health care, insurance and securities litigation in developing a cost-effective litigation strategy focused on successful outcomes.
Professionals
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Chicago
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New York
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Chicago
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Chicago
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Chicago
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Chicago
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New York
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Chicago
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Chicago
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February 18, 2009
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Autumn 2008
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June 2008
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February 2008
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Represented defendant fiduciaries in case involving allegations that they had breached their duties under ERISA by
continuing to allow participants to invest in employer securities. Both the district court and the Court of Appeals for the Second Circuit agreed with our argument that the plaintiffs did not have standing under ERISA because they were not participants in the plan during the time of the alleged fiduciary breaches, and the case was dismissed. Caltagirone v. New York Community Bancorp, Inc. (2d Cir. 2007)
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Represented employee retirement plan seeking to establish a constructive trust over the proceeds of a large distribution fraudulently
obtained by the defendant. The matter was favorably resolved short of trial by a consent order that provided for the full return of all misappropriated funds, including subsequent investment returns, to the plan. National Employee Benefits Committee of Blue Cross and Blue Shield Association v. Butler (N.D. Ill. 2007)
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Retained as special counsel to various defendants to negotiate settlement of class action challenging consideration paid in a $500 million ESOP transaction. Hans v. Tharaldson (D.N.D. 2007)
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Counseled major national retailers on the likelihood of ERISA “preemption” of state and municipal health coverage mandates applicable to large employers.
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Represented trustee of ESOP in claim alleging fiduciary breach, obtaining summary judgment on grounds that plaintiffs did not have standing because they were not participants under ERISA. Register v. Cameron & Barkeley (D.S.C. 2007)
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Represented Fortune 50 employer in complex cash-balance class action litigation, achieving favorable settlement of action.
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Amicus briefs to U.S. Supreme Court in Aetna Health Inc. v. Davilia (U.S. 2004) and Pegram v. Herdrich (U.S. 2000)
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Served as counsel to investment management firm in ERISA action alleging breaches of fiduciary duty in connection with pension plan losses on investments focusing on technology, Internet and
media common stocks. Toledo Blade Newspapers Unions-Blade Pension Plan v. Investment Performance Serv., LLC (N.D. Ohio 2004)
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Represented participants of spun-off 401(k) plan seeking share of insurance company demutualization proceeds from prior 401(k) plan after fiduciaries of prior 401(k) plan refused to make transfer.
Court determined fiduciary breach claim could go forward, and settlement was achieved. Weiler v. Lapkoff, (N.D. Ill. 2003)
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Litigated on behalf of defendants in ERISA suit by former employee challenging denial of benefits under disability plan. Beskin v. CCH Inc. and Wolters Kluwer United States, Inc. (C.D. Cal. 2002)
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Won summary judgment in federal court suit filed by terminated physician who claimed violations of ERISA, COBRA and state wage laws.
The court granted summary judgment on the ERISA claim on the three alternate grounds that the plaintiff failed to exhaust administrative remedies, waived his ERISA benefits, and was not eligible for benefits because he was not a common law employee. Komaiko v. Riverside Healthcare, et al. (N.D. Ill. 2000)
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Represented investment manager in an action brought by a state pension fund which alleged breach of investment management agreement, fiduciary duty and state pension code.
Teachers Retirement System of the State of Illinois v. Ark Asset Management Co., Inc. (N.D. Ill. 2000)
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