ERISA Disputes

Defending your plans, protecting your business

ERISA litigation is increasing – and companies are reassessing how they manage investment options, fee structures, and service provider arrangements in their retirement and health plans.

Combining deep regulatory insight and extensive trial experience, DLA Piper’s ERISA Disputes team guides clients through every stage of an ERISA dispute – from early risk assessment to courtroom advocacy. We tailor our approach to align with each company’s business goals and risk profile, addressing both legal complexities and operational realities.

We defend businesses in litigation matters involving hundreds of millions of dollars in potential exposure and provide proactive counsel on issues related to retirement and health plans.
Our team is regularly engaged in matters including:

• Class actions and single-plaintiff lawsuits under ERISA Sections 502(a)(1)(b), 502(a)(2), 502(a)(3), and 510
• Claims involving breach of fiduciary duty, prohibited transactions, and plan mismanagement
• Multi-employer plan disputes and regulatory investigations

An integrated approach to litigation and compliance

Our ERISA Disputes team provides more than litigation defense. We help clients reduce litigation risk through targeted plan reviews, oversight enhancements, and risk mitigation strategies. We review plan documents and administrative practices while recommending improved oversight procedures tailored to each client’s industry and business needs.

Our team includes former senior in-house counsel with ERISA experience, as well as lawyers with direct experience working with the Department of Labor, Pension Benefit Guaranty Corporation, and Internal Revenue Service. This combination allows us to deliver practical, business-aligned solutions that can minimize exposure and support long-term plan health.

When disputes arise, we apply early resolution strategies and trial-tested advocacy to help protect our clients’ interests and minimize repeat exposure.

• Successfully defended payors in single-member and class actions brought by providers under ERISA
• Served as first-chair counsel in jury trials involving ERISA Section 510, Age Discrimination in Employment Act claims, and bench trials for claims on behalf of plan fiduciaries
• Advised a large plan sponsor on pre-litigation strategy in response to counsel inquiries related to annuity provider class actions
• Defending an investment advisory firm in a putative class action asserting 502(a)(3) claims concerning a global financial services firm's multiemployer retirement plans advice, which suffered a loss in value due to fund manager fraud