Practice Areas & Industries: Winston & Strawn LLP

Practice/Industry Group Overview

Winston & Strawn's attorneys have been designing and drafting health and welfare plan documents virtually since the inception of these types of plans. Before promulgation of the Health Insurance Portability and Accountability Act of 1996, and even before COBRA in 1986, our attorneys were at the forefront of this developing area of the law. Our attorneys have historically been among the first to present educational seminars and publish articles on new legislation or regulations in the welfare plan area. Our partners have published the works on welfare plan sponsors' design rights. We apply this background and experience for the benefit of our clients.

Services Available

We design, draft, and implement plan documents and administrative procedures that satisfy the statutory requirements of ERISA, the ADA, the FMLA, and other federal laws, while protecting clients from unwanted liabilities. Our experience in ERISA litigation and employment law enhances our ability to identify and address potential issues in plan design and administration before they create problems or liabilities.

Our clients continually look for ways to provide cost-effective health coverage and welfare benefits. We provide advice on all aspects of this issue, including the rules relating to reducing or eliminating obligations to provide benefits as well as the creation of tax-advantaged funding vehicles for retiree health plans. We also advise clients on the creation of self-funded plans and managed care programs as well as on the use of VEBAs, HMOs, and PPOs. We offer training programs on welfare plan design and administration.

We advise and represent clients in litigation over their efforts to modify or terminate retiree benefits. We also advise and represents clients on retiree benefit issues in bankruptcy proceedings. We also advise clients on method to formally or informally fund retiree welfare benefit promises and the treatment of such amounts under FAS 106. Most recently, we have been advising clients on compliance with the new rules of Medicare Part D.

We design and implement cafeteria plans, flexible spending programs, employee assistance programs, relocation plans, tuition assistance plans, and similar welfare and fringe benefit programs. One of our partners is the editor of Thompson Publishing's Flex Plan Handbook.

In addition, we assist employers and plan administrators in establishing association sponsored and multiple-employer welfare arrangements that comply with applicable legal requirements.