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Disputes concerning employee benefits and fiduciary obligations are not "run of the mill" litigation. They require specialized knowledge and expertise, as well as insight into the client's business.
Fiduciary responsibilities are interwoven into business transactions and relationships. Controversies relating to employee benefits, pension plans and fiduciary responsibilities can occupy an inordinate amount of an employer's time. Powell Goldstein's litigation team includes attorneys who have a wealth of experience in handling these controversies and in minimizing their impact.
In our fiduciary litigation practice, our attorneys handle cases in both state and federal court, for individuals and for institutional fiduciaries, including four of the largest national banks in the country. We litigate claims for improper trust and estate administration, will contests and undue influence, and self-dealing and breach of fiduciary duty.
On the employee benefits side, our attorneys have litigated disputes arising under the Employee Retirement Income Security Act of 1974 (ERISA) in federal courts throughout the nation, frequently for Fortune 500 companies as well as governmental agencies.
Together, we have:
- Prosecuted a defendant class action for a major food producer as trustee of pension funds subject to competing claims of its unionized workers
- Obtained summary judgment on claims that a receiver breached fiduciary duties by failing to fund multiple welfare plans of subsidiaries
- Represented a receiver against alleged co-fiduciary liability for failure to assert claims against prior fiduciaries who used a leverage ESOP to meet a regulatory capital call
- Defended a money-center bank in a class action involving claims of breach of fiduciary duty in connection with its role as trustee for holders of premium finance receivable-backed notes
- Defended a large regional bank against claims for improper distribution of a multi-million dollar estate
- Represented two major banks in lawsuits for alleged breaches of fiduciary duty
- Obtained summary judgment for an office machine manufacturer on a former employee's claims that the company wrongfully deprived him of plan benefits
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