Firm News
Partner Russell Greenblatt Authors Article in Benefits Law Journal on ERISA Actions
Autumn 2008
Russell Greenblatt, a partner in the firm’s Employee Benefits and Executive Compensation Practice, authored an article in Benefits Law Journal on the Employee Retirement Income Security Act of 1974 (ERISA). In the article, Mr. Greenblatt explains that although ERISA provides for sanctions and access to federal courts through civil actions such as the benefits-due lawsuit, the breach of fiduciary duty lawsuit, the information penalty lawsuit, the equitable remedy lawsuit and the employer contribution lawsuit, it does not include a statute of limitations for such actions, with the exception of breach of fiduciary duty. The article reviews circuit court decisions in benefits-due suits, which rely on state law to determine the most appropriate limitations periods. ("The Potential Advantage of Incorporating a Contractual Limitations Period into a Welfare Benefit Plan," Autumn 2008)