Employee Benefits & ERISA

Berger Montague’s Employee Benefits & ERISA Group represents employees who have claims under the federal Employee Retirement Income Security Act.

Our firm’s Employee Benefits & ERISA Group litigates cases on behalf of employees whose 401(k) and pension investments have suffered severe losses as a result of the breach of fiduciary duties by plan administrators and the companies they represent. Under the leadership of Managing Shareholder Todd S. Collins, our Employee Benefits & ERISA Group has recovered hundreds of millions of dollars in lost retirement benefits for American workers, and also favorably structured their retirement plans.

By committing our considerable resources to litigating claims on behalf of injured retirement plan participants who have suffered severe losses due to corporate misrepresentations or other wrongdoing, we protect employees’ retirement benefits held in traditional pension plans, 401(k) plans and employee stock ownership plans (“ESOPs”).

Unfortunately, employees are sometimes misled into purchasing overvalued employer stock through employer-sponsored 401(k) retirement plans. Often, it is imprudent for 401(k) plan fiduciaries to recommend or even to allow the investment in company stock as one of the options available to 401(k) plan participants. Some employers also violate their fiduciary duty to their employees by allowing excessive, unreasonable or undisclosed fees in their retirement plans.

Where ERISA does not apply, such as with retirement plans for government workers, we have brought lawsuits alleging a breach of trust under applicable law. Where appropriate, our Employee Benefits & ERISA Group may also use the civil version of the federal legal tool commonly wielded in the prosecution of organized crime and drug kingpins, the Racketeer Influenced and Corrupt Organizations Act (“RICO”). We also utilize state consumer fraud laws and state common law in class action and other litigation to help recover retirement benefits for American workers who have been injured by their employers.

Berger Montague’s successes in ERISA lawsuits include, just for example:

  • In re Lucent Technologies, Inc. ERISA Litigation, Civil Action No. 01-CV-3491 (D.N.J.) ($69 million recovery);
  • In re SPX Corporation ERISA Litigation, No. 3:04 cv 192 (W.D.N.C.) (recovery on behalf of 401(k) plan participants who invested in company stock totaling approximately 90 percent of estimated losses); and
  • In re Nortel Networks ERISA Litigation, Civil Action No. 01-CV-1855 (MD Tenn.) ($21.5 million settlement in 401(k) company stock case).

New Rules in the Consolidated Appropriations Act:

No Fees Without Recovery

Berger Montague ERISA and employee benefits cases are often litigated on a contingent fee basis, so plaintiffs and the class do not pay attorneys’ fees or court costs unless there is a recovery.

Contact Us To Learn More

We invite you to learn more about our Employee Benefits & ERISA Group. Berger Montague welcomes referrals from other law firms and attorneys. For more information or to schedule a confidential discussion about a potential case, please fill out the contact form on the right, email us at [email protected], or contact an Employee Benefits & ERISA Group attorney. We are available to evaluate potential ERISA and employee benefits cases without charge.