ERISA, Employment Benefits, and Executive Compensation

/ERISA, Employment Benefits, and Executive Compensation
ERISA, Employment Benefits, and Executive Compensation 2017-01-02T17:00:45+00:00

Overview

Our team of ERISA attorneys is unique because we provide guidance and litigation representation to both Plan participants/beneficiaries and employers/Plans.

We represent employees and their spouses, retirees, widows and widowers who have been denied the benefits promised to them, such as retirement pensions, life insurance, and long term disability benefits.  We also negotiate executive benefits on behalf of executives and represent executives who are participants of special types of Plans (e.g., “top hat” plans).

For employers, Plan administrators, and fiduciaries, we provide an array of services to ensure that they comply with the complexities of ERISA and other laws such as COBRA and HIPPA.  We can also assist in the preparation of a Plan, Summary Plan Description, and other related ancillary documents.

Extensive knowledge, unparalleled litigation experience

Richard S. Meisner leads the ERISA practice group and has helped countless plan participants and their beneficiaries obtain the benefits promised to them.  For nearly 25 years, Rich has focused on various legal matters affecting employees and employers alike, including ERISA, COBRA, business contracts, non-compete agreements, wage-and-hour matters, and franchise law.  He is also an expert in executive compensation matters and advises clients on Internal Revenue Code Sections 409A, 280G, and 162(m), including 409A valuation issues and 409A audits by the IRS.  Rich also co-chairs the Employment Law department and the Franchise Law department.

Bennet Susser is a seasoned commercial litigator who has deposed thousands of witnesses in nearly every state in the country for almost 30 years.  He has written or co-written numerous briefs addressing ERISA issues and presented oral argument before the U.S. Court for the Second Circuit on behalf of retirees who were denied benefits.  In addition to being actively involved in ERISA litigation matters, Bennet heads the firm’s Product Liability and Life Science department and co-chairs the Environmental, Toxic Torts, and Insurance Defense department.

Alissa Pyrich has more than 20 years of experience representing employees and multi-national corporations in sophisticated civil litigation in the state and federal courts.  She has successfully negotiated and settled cases on behalf of plan participants in ERISA matters.  In addition to ERISA, Alissa has expertise in insurance matters and has significant appellate experience both in New Jersey state courts and in the Second and Third Circuits.  She is the co-author and co-editor of The Handbook of Civil Practice in New Jersey Courts, published annually by George T. Bisel & Co.

Matthew A. Stoloff has been researching ERISA issues and drafting complaints and briefs on behalf of plan participants since joining the firm in 2013.  Matthew has a special interest in “top hat” plans and was actively involved in the representation of several current and retired executives against Caesars Entertainment Corporation.  In addition to ERISA matters, Matthew practices employment law and leads the Education and Special Education Law department.  He regularly represents employees who have been wrongfully terminated and children with disabilities who have been denied a free and appropriate education.

Representative ERISA cases

We have had the privilege of representing employees and their spouses, retirees and widows/widowers, and highly compensated executives.  Some of our representative ERISA cases include:

  • successfully represented highly compensated executives who were participants of a “top hat plan” whose pension benefits were at risk of loss as a result of the company’s bankruptcy proceedings;
  • successfully represented retirees who did not receive their pensions in the correct amount;
  • successfully represented a retiree whose pension benefit was cut 51% and restored it back to 100%;
  • successfully litigated against ERISA plan fiduciaries who breached their fiduciary duties to plan participants; and
  • successfully litigated against a large multinational corporation that refused to pay benefits concatenated with new years of service after semi-retirement.

In addition to ERISA litigation, we review and draft plan documents for companies that offer their employees various benefits, including defined benefit pension plans, 401(k) plans, employee stock ownership plans (“ESOP”), as well as life insurance and medical insurance benefits.  We also advise companies on COBRA and HIPAA compliance issues.

Let us be a part of your team

Disputes involving pension plans and life, health, and disability insurance are unfortunate realities.  If you are an employee or retiree who has been denied benefits, or if you are an employer or Plan administrator/fiduciary who needs assistance with ERISA, COBRA, or HIPAA compliance, contact us for a free consultation.