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ERISA Litigation

Related Practices

Rankings & Honors

  • BTI Litigation Outlook 2013
    • “Most Feared Law Firms”—Honor Roll
  • Chambers USA
  • Legal 500
  • Benchmark: Litigation/Appellate
  • U.S. News/Best Lawyers “Best Law Firms”
  • Law 360—Employment 100


Litigation under the Employee Retirement Income Security Act (ERISA) involving employee benefit plans continues to rise. And recent stock market volatility and investment losses by 401(k) plans have only increased the numbers of claims against employee benefit sponsors, administrators, fiduciaries, and other parties for breaches of fiduciary duty. As multimillion dollar judgments and settlements involving pension and 401(k) plans, and long term disability and severance benefits become more common, companies and benefits professionals need experienced ERISA counsel to protect them from costly employee benefit plan disputes.

Nixon Peabody has been at the forefront of ERISA defense litigation in federal trial and appellate courts throughout the United States, including the U.S. Supreme Court. Our ERISA Litigation practice is national in scope and includes experienced lawyers who frequently represent clients on all types of benefits disputes, including:

  • Claims of breaches of fiduciary responsibility
  • Federal preemption defenses
  • Plan interpretation issues
  • Prohibited transaction issues
  • Imprudent investment issues
  • Plan funding and termination matters

Whether facing a single claimant or multiple claimants—including multi-jurisdictional lawsuits or class actions—Nixon Peabody offers the critical defense clients need for any ERISA-related dispute.

The members of our ERISA Litigation team also work with clients being investigated by the Department of Labor and assist plan fiduciaries in adopting procedures designed to prevent them from becoming defendants in ERISA fiduciary litigation. The group has also represented four of the major independent fiduciaries used by private parties to represent employee benefit plans in the settlement of pending ERISA litigation, and members have served as expert witnesses on ERISA fiduciary issues.

Experienced ERISA litigators

Our team includes a leading former government ERISA litigator with 23 years of experience in the U.S. Department of Labor, having worked in both the Office of the Solicitor and the Pension and Welfare Benefits Administration (now known as the Employee Benefits Security Administration). The prominent reputation of senior members of the ERISA Litigation group has been demonstrated by their retention as expert witnesses in major ERISA litigation and arbitration (on fiduciary issues), their service as mediators to settle ERISA litigation, their service on the ERISA Advisory Boards of BNA and Employment Law360 publications, and the election of two of our attorneys as Charter Fellows of the American College of Employee Benefits Counsel.

Our practice draws on the skill and experience of attorneys in our ERISA and executive compensation, financial services, labor and employment, securities litigation, and other practices. Our clients benefit from our substantive knowledge of employee benefits law, which is coupled with our broad, deep, and long-standing experience in class action and trial defense. We have a track record of fending off claims, often saving clients millions of dollars in payouts. In just the past five years alone, we have successfully defended well over 100 such cases in state and federal courts in half the states of our nation. In the process, we defeated numerous motions for class certification, won numerous motions to dismiss or for summary judgment, and successfully concluded settlements covering more than 100 million class members, including the largest consumer class action ever settled.


Supreme Court upholds plan terms that require reimbursement of participant's recovery from third party
Benefits Alert | April 30, 2013

Fourth Circuit rules on duty to investigate and diversify investments
ERISA Fiduciary Law Alert | December 13, 2011

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Less than two-month deadline for companies to set up or finalize in France collective agreement or action plans for professional equality between men and woman
Global Employment Law Alert | November 21, 2011

Second Circuit clarifies standards for "stock drop" cases
ERISA Fiduciary Law Alert | October 21, 2011

When an employee returns from secondment abroad, remember to comply with French law!
Global Employment Law Alert | October 17, 2011

California holds that state overtime law applies to non-residents working in the state
Employment Law Alert | July 14, 2011

Proposed Cal/OSHA revisions on the horizon: what SB 829 could mean for employers
Employment Law Alert | July 13, 2011

France: the Cour de Cassation validates executive working time arrangements, subject to certain conditions
Global Employment Law Alert | July 8, 2011

Connecticut becomes the first state to require employer funded paid sick leave for “service workers”
Employment Law Alert | June 24, 2011

Defense goes up in smoke — discharge for medical marijuana use upheld in Washington State
Employment Law Alert | June 23, 2011

Inevitable disclosure doctrine is alive and well in Massachusetts
Employment Law Alert | June 20, 2011

Representative Weiner’s online conduct: a reminder to employers about the dangers of employee misuse of social media and company resources
Employment Law Alert | June 14, 2011

Supreme Court clears the way for employee arbitration agreements waiving class action rights
Employment Law Alert | April 28, 2011

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ERISA Litigation