Practice Areas & Industries: Constangy, Brooks & Smith, LLP

Practice/Industry Group Overview

Constangy's Employee Benefits team is prepared to guide your company through this highly complex legal area, which is governed by tax and labor agencies of the federal and state governments. Significant liability can be created by an employer's failure to comply with the fiduciary and regulatory requirements of the law. Even more frightening, individual liability is a risk for officers, directors and managers with responsibility over employee benefit plans and policies. Companies considering buying or selling a business will be well served by a thorough "due diligence" assessment of benefit plan assets and liabilities.

On the positive side, well-drafted benefits programs can enhance employee relations. And a lawful and creative executive compensation program can serve the employer's interest in recruiting and retaining top executive talent.

Our Benefits team publishes The ERISA Strategist as developments warrant.

If you need benefits assistance, please contact Dana Thrasher at dthrasher@constangy.com, or any Constangy attorney.

Services Available

Benefits plan design and review, creation of executive compensation programs, compliance issues related to the Employee Retirement Income Security Act and the Health Insurance Portability and Accountability Act.

Our Benefits team attorneys have represented employers in the following industries:

• Health care
• Manufacturing
• Insurance
• Banking
• Textile and apparel
• Food and restaurants/hotels
• Transportation

Our extensive ERISA expertise, combined with our litigation and trial experience, provides our ERISA Litigation practice with nationwide impact. This dynamic and ever- evolving practice group is comprised of lawyers possessing experience in a wide variety of litigation and administrative proceedings involving employee benefit plans. We regularly represent employers as plan sponsors and plan administrators in both routine and complex employee benefits litigation. In addition to litigating employee benefits matters, we counsel large and small companies and fiduciaries both in anticipation of litigation regarding employee benefits issues and in dealing with regulatory agencies.

Our litigation capabilities are enhanced by our firm's broad experience with retirement and welfare benefit plans, administrative service contracts, and plan administration. Due to our strong labor relations practice, we hold significant experience in negotiating benefits claims (including plant closure benefits), controversies regarding multi-employer plan issues and contributions, and litigation and NLRB charges relating to benefits. We have successfully defended equal employment claims, including claims of benefits discrimination under the ADA and ADEA.

The following types of matters handled by members of our ERISA Litigation Group demonstrate our depth of experience and the complexity and range of issues that we litigate. These are critical factors in selecting counsel for benefits litigation and for advice in litigation-sensitive matters.

• Breach of Fiduciary Duty Cases
• Benefits Claims Cases
• ERISA §510 Interference with Benefits Cases
• Litigation over Changes to Retiree Medical Benefits
• Litigation with Government Agencies
• Cases Alleging Failure to Comply with the Reporting and Disclosure Requirements of ERISA
• MPPAA Withdrawal Liability Cases
• Multi-employer Plans Contribution Cases
• ESOP-related litigation
• Subrogation Cases

If you need ERISA litigation assistance, please contact Carl Cannon at ccannon@constangy.com, or any Constangy attorney.