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ERISA Litigation


Litigation relating to employee benefit plans has steadily increased since the passage of ERISA and will continue to grow as employers face additional regulation under COBRA, the Health Insurance Portability and Accountability Act (HIPAA), the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA). Parker Poe's ERISA litigation group draws on extensive experience in resolving complex, high exposure claims relating to employee benefit plans in an efficient and cost-effective manner. We also handle simple, routine benefit disputes efficiently and economically, in many cases achieving either an early settlement or a victory on summary judgment.

We seek to assist clients in identifying pre-litigation issues and developing strategies to avoid litigation. And, we strive to clearly communicate with clients so they understand their options in this extremely complex area and can make well-informed decisions.

Representative Experience

  • We represent a wide variety of clients, including banks and financial institutions, third-party administrators, manufacturers, employers and retirement and welfare plans. Parker Poe also is approved panel counsel for a number of insurance companies.
  • We have represented clients involved in claims by participants, beneficiaries and employees for retirement, severance, health, disability and accidental death and dismemberment benefits under both insured and self-funded plans, executive compensation change in control disputes, federal preemption of state laws and alleged breaches of fiduciary duty.
  • Our attorneys also have represented clients on issues before the Internal Revenue Service, the Department of Labor and the Pension Benefit Guaranty Corporation, assisted clients with the complex issues that arise in bankruptcy proceedings with respect to both retirement and welfare plans and advised clients with group health plans and other welfare plans on continuation of coverage under COBRA.

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