Employment Benefits and Retirement Security

 

  • ERISA Litigation
  • ESOP Litigation
  • Excessive or Hidden Fees
  • Health Care Benefit Issues
  • Mutual Funds and Insurance Products Issues
  • Church Plans ERISA Litigation
  • Systemic Employee Benefit Denial

Keller Rohrback is one of America’s leading law firms handling retirement and employee benefit plan litigation. The firm is committed to helping employees and retirees protect their retirement savings and other employment-related assets. Keller Rohrback attorneys represent employees and organizational groups in litigation and offer advice and counseling on a wide range of employee benefit issues.

Courts routinely praise the work of Keller Rohrback attorneys on nationally prominent ERISA cases.

Keller Rohrback is proud that experienced ERISA practitioners decided to call Keller Rohrback home.  In 2002, Ron Kilgard and Gary Gotto joined Keller Rohrback.  They brought to the firm a wealth of knowledge in breach of fiduciary duty cases, having successfully litigated one of the first ERISA company stock cases—the IKON 401(k) case.  Then in 2008, ERISA veteran David Preminger—who has been practicing ERISA since it was enacted in 1974—joined the firm.  And most recently, in 2015, Jeff Lewis—a long time leader of the employee benefits plaintiffs’ bar—became a member of Keller Rohrback.

ERISA Litigation

The Employee Retirement Income Security Act of 1974 (“ERISA”) sets minimum standards for the management of employer-sponsored retirement and health benefit plans. Workers and retirees across America depend on their company-sponsored benefit plans to provide them with health insurance and financial security after retirement. Keller Rohrback is recognized as one of the premier firms litigating ERISA breach of fiduciary duty claims against employers for losses to defined contribution plans caused by imprudent investment in company stock. In addition, Keller Rohrback attorneys have extensive experience litigating cases involving excessive fees related to the management and administration of plan investment funds (including mutual funds), conversions to cash balance plans, benefits due under defined benefit pension plans, and church plan litigation.

ESOP Litigation

An Employee Stock Ownership Plan (“ESOP”) is a tax-qualified defined contribution employee benefit program intended to invest primarily in the stock of the plan sponsor company. Both private and public companies offer ESOPs.

Keller Rohrback’s private ESOP practice focuses on business practices and fiduciary conduct in ESOP-owned companies. Firm attorneys are very familiar with applicable ESOP stock valuation techniques and work closely with valuation experts.

Learn more about Keller Rohrback’s ESOP practice here.

Health Care Benefit Issues

In addition to retirement plans, ERISA also governs how employee health care plans are administered. Health care plans must be operated according to particular standards that are designed to protect the interests of employees, retirees, and other plan beneficiaries, such as family members.

ERISA creates fiduciary responsibilities for those who manage and control health plans, requires that plans provide participants with accurate plan information, and gives plan participants the right to sue for benefits and breaches of fiduciary duty.

Speaking Engagements and Publications by Keller Rohrback Attorneys

Based on Keller Rohrback’s extensive ERISA experience, our attorneys are frequently invited to speak at ERISA continuing legal education seminars and conferences. Additionally, Keller Rohrback attorneys have written numerous ERISA-related amicus briefs and articles.  Examples of speaking engagements, articles and amicus briefs by Keller Rohrback attorneys include:

Speaking Engagements and Publications

Ron Kilgard, ACI 12th National Forum on ERISA Litigation, San Francisco, CA, June, 2016 (Church Plan Litigation and the Kaplan Decision) (upcoming).

Erin M. Riley, ACI 11th National Forum on ERISA Litigation, Chicago, IL, 2016 (The Supreme Court Roundup: Montanile, Gobeille, Spokeo, Gomez and More).

Jacob Richards, Joint Committee on Employee Benefits Government Invitational, Baltimore, MD, 2016 (Transgender Benefits – What Needs to Be Provided and Current Developments).

Erin M. Riley and Jeffrey Lewis, ABA Section of Labor and Employment Law, Employee Benefits Committee – Mid-Winter Meeting, Las Vegas, NV, 2016 (Mock Mediation).

Gretchen S. Obrist, ABA Section of Labor and Employment Law, Employee Benefits Committee – Mid-Winter Meeting, Las Vegas, NV, 2016 (Will Class Actions Live After This Supreme Court Term?).

Jacob Richards, ABA Employee Benefits Committee – Mid-Winter Meeting, Las Vegas, NV, 2016 (ACA’s Expansive Nondiscrimination Provision and Transgender Benefits).

Brief for the Pension Rights Center as Amicus Curiae in Support of Petitioner, Pundt v. Verizon Communications, Inc., No. 15-785 (U.S. Jan. 21, 2016).

Ron Kilgard, ACI 10th National Forum on ERISA Litigation, New York, NY, 2015 (New Developments in Church Plan Litigation).

Lynn L. Sarko, ACI 9th National Forum on ERISA Litigation, Chicago, IL, 2015 (New Developments in Church Plan Litigation).

Jacob Richards,“Sex Discrimination and Transgender Healthcare Coverage,” ABA Employee Benefits Committee Newsletter, 2015.

Brief for AARP and National Employment Lawyers Association as Amicus Curiae in Support of Plaintiffs-Appellees, Whitley v. BP, P.L.C., No. 15-20282 (5th Cir. Oct. 28, 2015).

Brief for The Pension Rights Center as Amicus Curiae in Support of Respondent, Spokeo, Inc. v. Robins, No. 13-1339 (U.S. Sept. 4, 2015).

Derek Loeser, Fiduciary Challenges in a Low Return Environment, Seattle, WA, Dec., 2014.

Brief for Law Professors as Amici Curiae in Support of the Petitioners, Tibble v. Edison International, No. 13-550 (U.S. Dec. 9, 2014).

Erin M. Riley and Gretchen S. Obrist, Contributors, “Attorneys Reflect on 40 Years of ERISA’s Biggest Court Rulings” Pension & Benefits Daily, Bloomberg BNA, discussing CIGNA Corp. v. Amara, 131 S.Ct. 1866, 50 EBC 2569 (U.S. 2011) (95 PBD, 5/17/11; 38 BPR 990, 5/24/11) (BNA Sept. 9, 2014) (www.bna.com).

Erin M. Riley and Gretchen S. Obrist, “The Impact of Fifth Third Bancorp v. Dudenhoeffer: Finally, a Court Gets it Right!” Pension & Benefits Daily, Bloomberg BNA (154 PBD, Aug. 11, 2014; 41 BPR 1658, 8/12/2014) (www.bna.com).

Laura R. Gerber, ACI 8th National Forum on ERISA Litigation, New York, NY, 2014 (New Trends in Church Plan Litigation).

Gretchen S. Obrist, ABA Joint Committee on Employee Benefits – 24th Annual National Institute on ERISA Litigation, Chicago, IL, 2014 (Fiduciary Litigation: Disclosure & Investment; Ethical Considerations in ERISA Litigation).

Brief for Law Professors as Amici Curiae in Support of the Respondents, Fifth Third Bancorp v. Dudenhoeffer, No. 12-751 (U.S. Mar. 5, 2014).

Gretchen S. Obrist and Erin M. Riley, Western Pension & Benefits Council – 2014 Spring Seminar, Seattle, WA, 2014 (What’s New in Fiduciary Litigation?).

Gretchen S. Obrist, “Class of Plans’ Actions Could Be Next Wave of ERISA Litigation, Gretchen Obrist Says,” ERISA Litigation Tracker: Litigator Q&A, Bloomberg BNA (June 19, 2013). (www.bna.com).

Gretchen S. Obrist, “ERISA Fee Litigation: Overview of Developments in 2012 and What to Expect in 2013,” Benefits Practitioners’ Strategy Guide, Bloomberg BNA (Mar. 26, 2013).

Gretchen S. Obrist, “ERISA Fee Litigation: The Impact of New Disclosure Rules, and What’s Next in Pending Cases,” Pension & Benefits Daily, Bloomberg BNA (Feb. 21, 2013).

Gretchen S. Obrist, ABA Joint Committee on Employee Benefits – 23rd Annual National Institute on ERISA Litigation, Chicago, IL, 2013 (Fiduciary Litigation Part 1: Disclosure & Investment; Fiduciary Litigation Part 2: Cutting Edge Issues).

Gretchen S. Obrist, ABA Section of Labor and Employment Law, Employee Benefits Committee – Mid-Winter Meeting, Charleston, SC, 2013 (ERISA 408(b)(2) and 404(a) Disclosures and the Ongoing Fee Litigation).

Gretchen S. Obrist, ABA Section of Labor and Employment Law, Employee Benefits Committee – Mid-Winter Meeting, Savannah, GA, 2011 (Update on ERISA Fee Litigation and the Impact of the Regulations).

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