Jump to main content

Concentrating on corporate law, financial and real estate transactions, and litigation, Clark Hill Thorp Reed attorneys deliver expertise in multiple practice areas and industries.  Our reputation is grounded in the highest ethical standards and strongest commitment to client service.  In a world of increasing complexity, Clark Hill Thorp Reed provides confident and sure counsel.  Our multidisciplinary approach means working hard and working smart on our clients’ behalf to provide innovative and cost-effective solutions to legal problems.

Employee Benefits Litigation

Bringing a successful conclusion to a lawsuit brought under the Employee Retirement Income Security Act of 1974, as amended (ERISA) requires an adroit knowledge of both the substance of ERISA and the Rules of Civil Procedure. ERISA litigants must understand both the nature of employee benefit plans and the role these plans play in ERISA litigation.

Mistakes in handling ERISA litigation can result in costly awards. Clark Hill Thorp Reed's employee benefits attorneys have significant experience assisting plan administrators with the complex administrative claims process applicable to ERISA plans. In addition, our attorneys have represented employee benefit plans, plan sponsors, plan fiduciaries and plan administrators in ERISA litigation cases.

Members of our employee benefits practice help plan administrators develop “best practices” for handling claims arising under ERISA-covered plans. While the goal is to keep the client out of court, our attorneys have employed winning common-sense strategies to respond to the wide variety of ERISA claims that might be litigated – such as claims for breach of fiduciary duty, claims for benefits under a plan, or claims for penalties.

Representative Matters

  • Successfully defended plan sponsors and employee benefit plans against claims for benefits, breach of fiduciary duty claims, discrimination claims, claims in divorce proceedings, state law claims, class action claims and claims in bankruptcy.
  • Successfully recouped benefit overpayments in litigation brought on behalf of several plans.
  • Provided litigation support for a state malpractice claim made by a plan sponsor against a service provider to a cash balance plan.
  • Obtained a favorable judgment in an appeal related to a claim for disability retirement benefits provided under a collectively bargained plan.
  • Served as lead counsel in several ERISA litigation cases, including a claim for retirement benefits before the United States Court of Appeals for the Fifth Circuit, claims for health and welfare benefits in state and federal courts, and claims for breach of fiduciary duty.