Troutman Sanders LLP

Attorneys at Troutman Sanders LLP are experienced in litigation involving claims asserted under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). We draw on the combined skills of trial lawyers who litigate complex ERISA matters and lawyers who specialize in the fields of taxation, compensation, and employee benefits. The breadth of Troutman Sanders' experience includes defending against claims for breaches of fiduciary duty, for among other things, alleged mismanagement of employee benefit plan assets; defending insurers, fiduciaries, and employers against claims for health, disability, life insurance, severance, and pension benefits; defending third party administrators against various claims, including claims for breach of fiduciary duty; representing parties in disputes regarding executive compensation plan benefits; and defending employers and fiduciaries against ERISA claims asserted in connection with corporate down-sizing or severance.

Claims asserted against ERISA fiduciaries have increased dramatically in recent years, particularly with regard to lawsuits alleging that retirement plan assets have not been managed prudently. The law presently is evolving and developing in this area, and Troutman Sanders is in the forefront of defending such ERISA claims.

In addition to civil litigation, the firm's experience in resolving ERISA-related disputes extends to civil and criminal governmental investigations and proceedings. Troutman Sanders has represented clients in Department of Labor audits and criminal investigations, Internal Revenue Service civil and criminal investigations, proceedings before state insurance commissioners, and proceedings before federal and state healthcare regulators.

ERISA Litigation Team: Civil Litigation Representative Engagements

• Representation of Beazer Homes (USA) Inc., the 401(k) Committee and other defendants in consolidated ERISA class action alleging breaches of fiduciary duty in connection with employer stock held in the 401(k) Plan
• Representation of The Southern Company, the Board of Directors of Southern Company Services, Inc., and other defendants in a putative class action lawsuit asserting ERISA claims for alleged breaches of fiduciary duty in connection with a 401(k) plan investment option
• Representation of HealthTrust, Inc. - The Hospital Company and retirement committee defendants in a defendant class action lawsuit involving complex ERISA issues, including the validity of an ESOP's deemed cash-out provision and counterclaims for breach of fiduciary duty
• Representation of Murata Electronics North America in defense of class action lawsuit involving employees' claims to $10 million in surplus assets in a pension fund; win in trial court was affirmed on appeal at International Union of Electrical Workers v. Murata, 46 F.3d 1117 (3rd Cir. 1994)
• Representation of Georgia-Pacific Corporation in a case brought by retirees seeking lifetime health benefits
• Representation of Georgia Power Company in proceedings before the National Labor Relations Board and on appeal in case involving modifications to future retiree welfare benefits and the interplay between ERISA and labor laws
• Representation of individual claimants in binding arbitration proceedings with regard to claims for executive compensation plan benefits
• Representation of Turner Broadcasting Systems, Inc. and World Championship Wrestling in case asserting ERISA claims in connection with plaintiffs' challenges to their status as independent contractors
• Representation of third party administrators in cases involving claims for breach of fiduciary duty with regard to alleged mismanagement of plan assets
• Representation of Cousins Properties, Inc. in a lawsuit brought by a stop-loss insurance carrier seeking reimbursement of COBRA benefits
• Representation of employers and fiduciaries in cases questioning whether early retirement packages were under serious consideration when plaintiffs terminated employment
• Representation of employers and fiduciaries in defense of ERISA claims asserted in connection with severance plans, top hat plans, and corporate reorganizations
• Virginia ERISA counsel for various insurers, including UNUM Provident, in defense of claims for employee benefits and breaches of fiduciary duty
• Representation of employer in case involving multiemployer pension plan withdrawal liability claims

ERISA Litigation Team: Government Investigations and Proceedings - Civil and Criminal

• Representation of a publicly traded company in a criminal investigation regarding alleged ERISA violations based on purported improper influence and improper payments in connection with the retention of a plan service provider
• Representation of a plan sponsor in a Department of Labor investigation involving alleged mishandling of plan assets
• Representation of a hybrid self-insured plan in connection with a Department of Labor investigation and subsequent state criminal investigation involving allegations of improper use of Medicaid funds
• Representation of various employers and plan sponsors in civil and criminal investigations pertaining to failures to remit funds to plan trustees and/or payments to the Internal Revenue Service
• Representation of third party administrators in state insurance commission review proceedings and in state department of insurance investigations
• Representation of pension and group health plans in Department of Labor audits of Forms 5500 and in audits pertaining to alleged prohibited transactions

Troutman Sanders embraces diversity as a cornerstone of our future. It means, in part, a commitment by all of our attorneys and all other personnel to a shared vision and the establishment of a workplace environment that is fully inclusive. The Firm values diversity in that it enables the Firm both to take full advantage of the knowledge and talents of a multicultural team in order to meet and exceed individual and business goals and client expectations, and to meet the Firm’s obligation to provide the broadest possible range of opportunities to the members of the communities served by the Firm.

Troutman Sanders defines diversity as an environment of inclusion, in which race, color, religion, sex, age, sexual orientation, gender identity, national origin, citizenship, disability, background and social and ethnic group differences are accepted and valued, and all members of the Firm can contribute to their fullest potential to achieve the Firm’s business goals.

Troutman Sanders supports many initiatives that foster an inclusive environment and help all its personnel balance commitments to clients and family:

Domestic Partnership Benefits

Troutman Sanders offers domestic partnership insurance benefits and has a longstanding policy against discrimination on the basis of sexual orientation.

Women’s Forum

The Troutman Sanders Women’s Forum is a framework to increase the visibility of our women lawyers and their accomplishments, provide expanded professional and business development opportunities, and provide a supportive environment for the continued recruitment, promotion and retention of women lawyers firm-wide.

Moms' Group

The Moms' Group at Troutman Sanders includes both full and part-time women lawyers with children of all ages and provides the opportunity to discuss issues of common concern among a support network such as part-time employment options with the firm and child-care providers.

Charitable Giving

The firm allocates a significant amount of its annual charitable, diversity, and civic contributions budget toward nonprofit organizations and bar associations with a diverse constituency or whose mission directly influences the issue of diversity.  These organizations include the Latin American Association, National Association of Chinese Americans, Stonewall Bar Association , Georgia Hispanic Chamber,  National Asian Pacific American Bar Association (NAPABA), National Association of Women Lawyers (NAWL), Equality Virginia,  Stakeholders, Inc., Puerto Rican Legal Defense and Education Fund, Mexican American Legal Defense and Education Fund (MALDEF), YWCA, HRNEW, The Urban League, and Catalyst, Inc.

Recruiting

Troutman Sanders proactively recruits a diverse team of lawyers by visiting law school campuses and participating in minority job fairs, including the Lavender Law Job Fair, Southeast Minority Job Fair, Mid-Atlantic BLSA Minority Job Fair and Virginia Bar Association Minority Job Fair.  The firm also sponsors a variety of associations that connect minority law students to internships and job opportunities in the legal industry. 

Ongoing efforts to promote and foster an inclusive environment are lead by the Troutman Sanders Diversity Committee. Its primary goals are to implement the firm’s philosophy on diversity, ensure a welcoming workplace for all personnel, and make an impact on the community through charitable giving and pro bono service.

Members of the Diversity Committee are:

Sallie A. Daniel, Chief Diversity Officer
Ronald R. Ross, Chairperson **
Pamela S. Belleman ** 
Robert L. Bourguignon **
Julie L. Burgener **
Albert C. Hwang **
Molly F. James **
Jennifer Mathis **
Joseph M. Parker **
John M. Ramirez **
E. Fitzgerald Veira **
Sonia K. Bain
Sandra L. Brown
Michael D. Hobbs, Jr.
Roscoe C. Howard, Jr.
Prashant K. Khetan
M. Kevin McCusty
George L. Scruggs
Rebecca W. Shanlever
Wendelin W. Silliman
Anthony F. Troy
Jerome Walker
Farah S. Ahmed * 
Meredith N. Baron *
George G. Booker *
Alonso J. Cisneros *
Tameka M. Collier *
Sara H. Doran *
Kaleen Serena Ford *
Becki F. Kieffer *
Adam S. Libove *
Christina M. Lucio *
Nora Garcia Nickel *
Tashwanda C. Pinchback *
S. Kaveh E. Rashidi-Yazd *
Jimmy R. Rock *
Tania S. Sebastian *
Ashante Latanya Smith *
Matt J. Sperling *
Juliet G. Sy * 
Whitney S. Waldenberg *

* Elected by Associates
** Office Committee Chair