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Benefits Litigation

Given the high cost of employee benefits, Benefits Litigation is a growing point of concern for companies of all sizes. And with the increased amount of attention in this area, business owners, management, plan administrators and fiduciaries, insurers and plan trustees all run the risk of facing costly and time-consuming litigation.

The firm’s history of advising clients on benefits matters during our 40+ year history as a nationally recognized and respected labor and employment firm, combined with our experience as litigators, well positions us to develop and deliver smart and cost-effective solutions to the complex problems in this area. Elarbee Thompson’s attorneys have a long record of success handling a variety of litigation involving employment benefits, such as pension and welfare benefit plans, including both single and multi-employer plans.

Our Benefits Litigation attorneys regularly:

  • Litigate and arbitrate benefit claims, funding disputes, plan terminations and mergers and bankruptcy-related benefit matters.
  • Design, draft, and work with clients to implement benefit plans and equity-based and non-equity-based executive compensation programs.
  • Counsel clients on employee benefit and executive compensation arrangements in anticipation of changes in control, including employment and severance agreements and advice regarding “golden parachute” issues.
  • Advise ERISA fiduciaries, plan sponsors and plan service providers concerning ERISA requirements with respect to claims decisions and fiduciary conduct.
  • Assist ERISA fiduciaries, plan sponsors, and plan service providers in resolution and litigation of fiduciary controversies, prohibited transactions and related matters.

Client Successes

Advising and defending one of the nation’s leading providers of health, dental, group, life, disability and long-term care benefits in numerous ERISA and non-ERISA benefit claims against it.

Defending a long-term disability case, with pension credit implications, for a large chemical corporation.

Defending an ERISA lawsuit in federal court relating to severance benefits for a global advanced technology systems manufacturer. Arbitrating contract interpretation cases on benefit rights based on collectively bargained language.


Patrick L. Lail