ERISA Litigation

/Overview

We proudly house a formidable ERISA Litigation practice group, with each seasoned ERISA lawyer  possessing a wealth of trial experience. We advise and defend employee benefit plan sponsors, fiduciaries, and service providers in class actions, complex breach of fiduciary duty cases, and the full range of other ERISA lawsuits.

Our ERISA attorneys  defend class actions challenging the prudence of 401(k) plan and 403(b) plan administrative fees and investment offerings; complex lawsuits challenging the ESOP stock-acquisition transactions; cases challenging the religious affiliation of retirement programs under ERISA’s exemption for “church plans”; claims for pension, health, and welfare benefits; cases involving claims for withdrawal liability; and other matters . We evaluate and help clients assess complex legacy benefit programs, including retiree health programs, and help sponsors navigate potential and actual litigation emanating from these programs. Our dynamic team also represents plan sponsors and fiduciaries in investigations and litigation matters brought by the U.S. Department of Labor, the PBGC, and the Internal Revenue Service.

As a trusted partner, Nixon Peabody is committed to safeguarding your organization against ERISA violations and disputes. Our comprehensive experience and unwavering dedication make us one of the leading ERISA law firms in the field. Count on us for strategic counsel, effective defense, and successful resolution when it comes to ERISA litigation.

/Representative Experience

• Top Private University: Defended in an eight-day recordkeeping-fees-and-investments trial in New York, where we obtained a defense judgement on all tried claims
• Top Consumer Products Company: Defending in large class action challenging recordkeeping fees and target-date fund suite
• Five-day trial in Delaware: Defended large breach-of-fiduciary duty and plan-funding claims
• Welfare Plans and Fiduciaries: Prosecuting claims on behalf of large welfare plan in state court against unscrupulous medical services providers
• COBRA Notice Litigation: Defeated ERISA class actions asserting defective COBRA notices
• Bankruptcy Court Proceedings: Litigate the termination or modification of retirement and welfare plans, including conducting a five-day trial over the distress termination of an airline’s defined benefit pension plans
• Plan Sponsors and Fiduciaries: Represent in administrative matters before the Pension Benefit Guaranty Corporation (PBGC)

/Recognition

• Nixon Peabody has been named a Tier 1 National firm for Employee Benefits (ERISA) Law in the 2025 edition of Best Law Firms®.
• Two of our practice group partners are listed in U.S. News/Best Lawyers for ERISA Litigation, and one is recognized as a “Super Lawyer.”