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ERISA Litigation
The Employee Retirement Income Security Act (ERISA) presents employers and their insurers with a complex web of regulations covering employees’ health plans and pension benefits. In this environment, disputes over coverage loom as a constant threat. Clients come to Whyte Hirschboeck Dudek S.C.'s ERISA Litigation Team for unmatched ERISA-focused experience that enables us to provide skilled litigation counsel and knowledgeable advice regarding these complicated issues. Our attorneys advance the interests of our clients by quickly resolving problems—or preventing them from happening in the first place.
 
WHD’s ERISA experience encompasses the following areas:
  • Employee welfare plans
    • Healthcare
    • Short- and long-term disability
    • Dental
    • Vision
  • Pension plans
  • Life insurance
  • 401 (k)
  • Executive compensation
    • Top-hat plans
    • Golden parachutes
    • Poison pill provisions
    • Severance
  • Wisconsin Office of the Commissioner of Insurance matters

Our Approach

Any ERISA benefits-related lawsuit can be costly, but a protracted, unwinnable one can be even more so. For an employer, an insurer or a third-party benefits administrator, knowing when to fight and when to comply can save a lot of time and money.
 
That’s why clients turn to WHD's ERISA Litigation Team. Our experience and expertise with the nuances of both ERISA and non-ERISA law make us uniquely capable of quickly assessing the likelihood of prevailing in a given case. We know the process well and can cut right through to the essence of a lawsuit, including promptly identifying whether a case rightly falls under ERISA or other federal or state laws.
 
Our deep grasp of ERISA particulars also enables us to consult with clients on how to structure and create welfare and pension benefit plans in thoroughly defensible compliance with the law—because preventing ERISA litigation is the most cost-effective route an employer or insurer can take.
 
We have a wide range of legal expertise in federal ERISA matters, as well as professional relationships with key offices and individuals that allow us to better serve our clients, including the Office of the Commissioner of Insurance of Wisconsin for non-ERISA insurance cases.

Representative Engagements

  • Represented employers, insurers and third-party administrators in disputes over coverage under existing ERISA-regulated benefit plans.
  • Consulted with nationally known health insurance company on litigation work in Wisconsin.
  • Advised clients on regulatory compliance in matters before the Wisconsin OCI.
  • Acted as lead counsel on dozens of ERISA cases, and consulted on hundreds of others, in federal court.