ERISA Litigation
Alston & Bird’s ERISA litigation group is among the largest in the country, with 12 attorneys who concentrate on substantive ERISA and employee benefits disputes. Ours is one of only a few firms anywhere with attorneys who are both comprehensively trained ERISA practitioners and trial lawyers. Our approach differs from other firms which staff their ERISA cases with general litigators who consult with the firms’ ERISA lawyers. Our ERISA litigation group is staffed both with lawyers who have functioned as ERISA specialists but who have developed litigation expertise, as well as trial lawyers who began their career as litigators and who now concentrate exclusively on ERISA litigation.
EXPERIENCE
Alston & Bird has handled more major ERISA class actions than any of our peer firms. We have defended clients on a wide range of matters, including:
NATIONAL PRACTICE
Alston & Bird's ERISA litigation practice is truly national in scope having successfully represented clients across the country, including in federal courts from Oregon and California, to Wisconsin, Illinois, Kansas and Indiana, to Massachusetts, New York and Pennsylvania to Alabama, Texas and Florida.
RECOGNITION
Alston & Bird's ERISA litigation practice is ranked by Chambers & Partners as one of the leading in the nation, citing one lawyer as among the nation's elite ERISA litigation attorneys. Chambers said of the practice, "This dedicated unit is home to a group of knowledgeable and determined ERISA litigators who are equally comfortable advising on the esoteric details of ERISA law as they are fighting for a client in the courtroom."
WHY ALSTON & BIRD?
Successful outcomes delivered with maximum efficiency. We look for ways to win or resolve the dispute, at the earliest possible stage. Our combined litigation and substantive expertise provides our clients with superior service, while keeping costs as low as possible.
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Employer Stock Litigation
The publicity surrounding such high-profile corporate collapses as Enron and WorldCom, combined with stock market losses in recent years, have generated a large number of suits challenging the prudence of investments in employer securities. We are currently handling many of these cases, likely more than any firm in the country, and we have written extensively on the topic. Representative clients in this area include BellSouth, ChoicePoint, Avaya, Providian, Louisiana-Pacific and Goodyear.
Cash Balance Litigation
We are one of the few firms in the country that has been involved in the cash balance litigation since its inception. We were also actively involved in lobbying efforts aimed at rescinding the current regulatory scheme, which has given rise to this litigation. In addition to class action litigation, we have also advised numerous clients on the feasibility of converting their existing defined benefit plans to a cash balance regime. Representative clients in this area include Cingular Wireless, Georgia Pacific, Duke Energy and Wachovia.
Retiree Health and Welfare Benefits
Rising health care costs have resulted in numerous companies examining the continued feasibility of retaining their post-retirement welfare benefit plans. We have over 25 years of experience in advising clients on whether their post-retirement welfare benefits plans may be modified or terminated, and successfully defending clients against challenges to the termination of such benefits, under both ERISA and the LMRA. Representative clients in this area include AIG American General, Atlantic Steel Industries, ABB Combustion Engineering, Duke Energy and PanEnergy.
Claim & Claim Process Litigation
In addition to litigation avoidance planning, we have been involved recently in a growing number of suits challenging the sufficiency of the claim review process itself, rather than the results of any particular claim. These suits are invariably class actions that claim defects in the claim review process resulted in defective decisions and require the rehearing of claims for all participants affected by the alleged defect. Representative clients in this type of dispute include UPS, The Coca-Cola Company and BellSouth.
ESOPs
Valuation of employer stock in connection with ESOP transactions is often a contentious issue, particularly when such stock loses value. These transactions continue to spawn significant litigation, and our experience with these cases is unmatched.
Fiduciary/Compliance Audits
Through our contacts and experience with the DOL and the IRS, we have been able to provide significant results in engagements for Unum and Ahold, among others. In addition, our litigation experience gives us a unique perspective on litigation avoidance techniques. And for a number of Fortune 500 companies, we have undertaken fiduciary reviews.