Employee Retirement Income Security Act (ERISA)

Cotten Schmidt & Abbott, L.L.P. provides services to clients involved in disputes under the Employee Retirement Income Security Act (“ERISA”). The firm has experience in litigating suits involving claims of breaches of retirement plan terms and fiduciary duties granted participants under ERISA. We are able to counsel clients on compliance with ERISA and related regulations, and on the structure of plan oversight to minimize fiduciary risk.

The changing world of regulations on employee benefit plans can present a changing set of fiduciary risks to a plan sponsor. Our focus is on finding the most efficient and effective path for our clients with regard to the rights and protections offered under ERISA, whether that is advising our clients on avoiding claims of fiduciary breach, or representing clients who have been subject to such claims, through mediation, trial and appeal.

Our experience includes ERISA-related litigation involving:

  • Calculation of benefits from pension plans
  • Organization of fiduciary oversight committees for retirement plans
  • Fiduciary oversight of service providers to retirement plans
  • Fiduciary oversight of fees charged to 401(k) retirement plans
  • Selection of retirement plan investments, including default investments in 401(k) plans
  • Protection for 401(k) plan sponsors from liability for participant investment losses under ERISA 404(c)

Attorneys with the firm have defended plan sponsors against claims of violation of the terms of a pension plan, and have represented plaintiffs in suits against 401(k) plan sponsors and plan service providers in federal court. Therefore, our attorneys can apply the firm’s common sense approach with the benefit of having been on both sides of disputes involving the rights and protections granted under ERISA.

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