What Sets Us Apart
We have decades of experience defending technical and complex ERISA matters. Our seasoned litigators have helped set favorable precedent across the full spectrum of ERISA issues, including breach of fiduciary duty, company stock issues, normal retirement age, age discrimination, backloading and “whipsaw” calculations. Specific areas of our substantial legal experience include the following:
- 401(k) and 403(b) Plan Fee Litigation: We have a proven track record of defending plan sponsors and service providers against the ongoing wave of fee and expense litigation. We have obtained victories in ERISA class actions involving alleged violations of fiduciary duty, excessive fees, revenue sharing and “rollover” IRAs, and we have successfully disposed of lawsuits where similar cases have settled or resulted in eight-figure judgments.
- Company Stock Litigation: Our firm has played a significant role in developing the case law that governs “stock-drop” cases. We understand every nuance of defending against challenges to the prudence of company stock as an investment option in a 401(k) plan, and we regularly defend the nation’s leading companies, as well as their officers and directors, against these claims.
“Exhibits interdisciplinary cohesion across its employee benefits and appellate departments to fully cover its clients’ needs on matters such as alleged breaches of fiduciary responsibility.”
Chambers USA 2022, Nationwide ERISA Litigation
- Health and Welfare Benefit Litigation: We are well versed in representing companies in litigation over retiree health and other welfare benefits. In the landmark U.S. Supreme Court case Pegram v. Herdrich, we successfully argued that a health maintenance organization was not acting as a fiduciary under ERISA when it made treatment decisions.
- Pension Plan Litigation: Sidley has played a key role in developing the law in this area. Few firms have handled as many precedent-setting cases involving pension plans, including groundbreaking opinions authored by the Third, Fourth, Seventh and Ninth Circuits.
- ERISA Appellate Litigation: We are able to leverage the firm’s top-ranked appellate practice to support our clients. Our lawyers have consistently obtained outstanding results on ERISA litigation issues in the Courts of Appeals and the U.S. Supreme Court.
“Sources say: ‘I have found the attorneys to be some of the most highly skilled litigators and counselors I have ever had the pleasure to work with. They are proactive, strategic, thorough and have a detailed and full knowledge of ERISA issues.’”
Chambers USA 2020, Nationwide ERISA Litigation
We Are Cost-Effective
Few issues arise during ERISA litigation that we have not seen before and considered, assessed and confronted in litigation. The depth and diversity of our experience allow us to provide great value to our clients.
We Know Our Adversaries
The ERISA plaintiffs’ bar is well established, and we have successfully litigated against most of the prominent ERISA plaintiffs’ firms. We know their tactics, strengths and weaknesses.
We Are Strategic
Our understanding of ERISA litigation, coupled with Sidley’s resources in other practice areas such as employee benefits, class actions and appellate litigation, enables us to provide clients with comprehensive advice that addresses all of their business and legal needs.