With an increasingly sophisticated plaintiffs’ bar as well as new leadership at the Department of Labor, the Internal Revenue Service and the Pension and Benefits Guarantee Corporation, today companies must be prepared to defend against multiple litigants with respect to multiple issues.

Kilpatrick Townsend’s ERISA and Employee Benefits team assists a wide range of clients, from Fortune 100 companies to individual executives, in navigating these complex issues. We have represented plan sponsors, insurers, fiduciaries, benefit service providers, actuaries and trustees in industries including banking, energy, financial products, professional services, textiles, biotechnology, and food and beverage production and distribution. Our attorneys have litigated issues related to action employer “stock drop” cases, prohibited transactions, retiree health benefits, cash balance plan age-discrimination and conversion claims, ERISA preemption of state and local laws, multi-employer contribution and withdrawal liability, severance benefits, executive compensation, entitlement to benefits and plan administration procedures.

We understand that most companies are not in the business of litigating and need to achieve a desired outcome in the least amount of time possible, with the least cost and disruption to business operations. This outcome not only implicates financial considerations, but may also impact the way a company does business in the future. Kilpatrick Townsend’s ERISA litigators are also full-time ERISA lawyers who have spent their professional careers working in the ERISA field. We have litigated almost every ERISA dispute imaginable, and in multiple forums, from mediations and arbitrations and from state courts to the U.S. Supreme Court. Our ERISA and Employee Benefits litigation experience also includes investigations by, and litigation involving, the DOL, IRS and PBGC.

We work with clients to prevent future problems, including ERISA fiduciary counseling, plan design and administration modification. We understand that litigation is a tool that must at times be employed to achieve important business objectives and we work closely with our clients to reduce future litigation and its attendant costs and disruptions.

ERISA Litigation

Experience Highlights

Kennedy v. Plan Administrator for DuPont Savings and Investment Plan
Represented E. I. du Pont de Nemours and Company before the U.S. Supreme Court, resulting in a victory. The more
ERISA class action involving Reynolds American Inc.

Represented R.J. Reynolds Tobacco Company (RJRT) successfully in Employee Retirement Security Act (“ERISA”) class action. On February 18, 2016, more

ERISA plans for several publicly traded food and beverage manufacturers
Represented several publicly traded food and beverage manufacturers in designing and implementing an integrated plan document and summary plan more
Insurance contract litigation for major corporations in North Carolina
Successfully defended plan holders and fiduciaries of the largest private guaranteed investment contract in North Carolina against an association’s more

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