Richard Siegel is a senior associate in the ERISA Litigation Group, where his practice focuses on various labor, employment, employee benefits and ERISA litigation matters. Richard’s ERISA and employee benefits litigation experience includes counseling and representing plan sponsors and fiduciaries in litigation on the numerous duties imposed upon fiduciaries in the administration of plans and investment of plan assets, including the prudent selection and oversight of investment professionals and other service providers, prohibited transaction issues, interpretation of plan documents, unfunded and underfunded liabilities, withdrawal liability and claims for benefits.
In addition, Richard frequently represents employers in various aspects of labor and employment law, including litigating matters and counseling employers on issues arising under federal labor laws, such as the National Labor Relations Act, Railway Labor Act, Fair Labor Standards Act and Service Contract Act. Richard also has experience in numerous other areas of litigation, including white collar defense, antitrust matters, government contract disputes and other complex civil litigation.
- Currently represents The Prudential Insurance Company of America in individual litigation matters throughout the country, including claims regarding disability and life insurance benefits.
- Prevailed at trial while representing fiduciaries in an action against the plan administrator, plan counsel and former fiduciaries for the breach of fiduciary duty under ERISA, including the failure to diversify plan investments, failure to act prudently in determining an investment plan, failure to discharge fiduciary duties in accordance with the plan’s governing documents, failure to properly oversee the administration of the plan and engaging in a prohibited transaction.
- Successfully obtained dismissal on behalf of an aerospace engineering firm in an action for life insurance benefits brought by the estate of a former employer alleging the failure to pay ERISA benefits and the breach of ERISA fiduciary duty.
- Obtained dismissal with prejudice for accidental death insurer on the basis that plaintiff’s state law claims were preempted by ERISA.
- Obtained judgment on the pleadings for disability insurer on the basis that plaintiff had failed to exhaust his administrative appeals and the time to do so under the plan had expired.
- Prevailed on motion for partial summary judgment for investment service provider to ERISA-governed profit sharing plan and affiliated entities on the basis that the defendants had taken sufficient remedial steps as to render plaintiff’s claims moot.
- Defended benefit administrator from claims by plaintiff that administrator had violated COBRA notice requirements and breached ERISA fiduciary duties, as well as counterclaims from plan sponsor for indemnification.
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Alston & Bird’s client, the State of Florida, today won a major victory in the Supreme Court of Florida, which ruled 4 to 3 that the 2011 Pension Law was constitutional, closing a nearly $1 billion per year hole in the budget of the State of Florida.
January 17, 2013
In the Press
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“Florida Supreme Court Upholds Prospective Changes to State’s Public Employees Retirement System,” Employee Benefit Plan Review, May 2013.
May 2013
Publications
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"Unilateral Benefits Modification Allowed When Vesting Not Apparent," Employee Benefit News, September 7, 2012.
September 7, 2012
Publications
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September 6, 2012
Publications
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July 11, 2012
Blog Posts
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June 14, 2012
Blog Posts
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May 18, 2012
Blog Posts
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February 27, 2012
Blog Posts
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January 9, 2012
Blog Posts
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October 14, 2011
Blog Posts
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August 10, 2011
Blog Posts
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“7th Circuit: Deference Given to Parties’ Intent in Dispute Over Classification,” Court Report, Society for Human Resource Management, February 20, 2009.
February 20, 2009
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“9th Circuit: Shopping Mall Management Company Unlawfully Limited Union’s Activities,” Court Report, Society for Human Resource Management, September 12, 2008.
September 12, 2008
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“5th Circuit: Manager’s Questioning Was Not Protected Activity,” Court Report, Society for Human Resource Management, June 27, 2008.
June 27, 2008