ERISA Litigation

As retirement plans have come to hold an increasing proportion of the nation’s wealth, the number of lawsuits claiming violations of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) has mushroomed. With our expertise in financial services and capital markets, we are uniquely positioned to defend ERISA litigation that challenges the way products and services within the employee benefit plan marketplace, including retirement, life, and health, are managed and administered.

The most sophisticated consumers of ERISA litigation services in the country are facing cutting-edge class actions, regulatory investigations and Department of Labor matters involving, for example, the investment and valuation of ERISA retirement plan assets, so-called “excessive fee” litigation, employer stock drop cases, and the effect of a change of corporate control on ERISA plans.

Goodwin has defended — and defeated — a variety of high-profile ERISA claims at both the trial and appellate levels, as well as in administrative and arbitral proceedings. According to Pension & Benefits Daily, a Bloomberg BNA publication, Goodwin ranks in the top five of their list of all firms nationally handling the most ERISA class action defenses. In each and every case, we field a multi-disciplinary team with the expertise needed to achieve the optimal result. Our experienced ERISA trial lawyers help clients achieve unparalleled results by bringing to bear the deep substantive experience and expertise of lawyers in our Financial Industry, ERISA & Executive Compensation, Securities Litigation & SEC Enforcement Ligitation, Labor & Employment, Tax and other practices.

Chambers USA

“They have a good grasp of the nuances of how courts and different circuits are interpreting ERISA, and are able to explain that to non-lawyers as well.”
Legal 500

Goodwin is recommended for its consistent track record in high-stakes ERISA litigation where it ‘impresses with its compelling advocacy.’

From acquiring a company to raising public or private funds to defending lawsuits or government investigations and enforcement actions, we provide strategic and tactical advice, a range of pragmatic options, and bottom-line results. We do more than just help our clients survive the current challenges; we partner with them to find the best solutions and identify new business opportunities.

Companies often face complex disputes with other businesses, government entities, or groups of individuals, which require an understanding of both the business issue and the industry of the client. Our Business Litigation practice specializes in handling these complex disputes, representing leaders in diverse industry sectors, including many Fortune 100 companies, in connection with their most important litigation matters. What sets us apart from our peers is our depth of trial and arbitration experience, class action expertise, and connections to the specialized business litigation courts across the country.

Whether the count is 10 employees or 10,000, companies throughout the United States depend on Goodwin for strategic and effective advice on all aspects of ERISA and executive compensation programs. We work with clients and investors in a range of industries, both public and private, including technology and life sciences companies, banks and other financial services companies, REITs, hospitality companies, teaching hospitals, and private equity and venture-backed companies. As a real testament to the reputation our practice has in the market, we are frequently hired by boards and compensation committees as special compensation counsel even when we do not serve as their general counsel.

Management teams of all sizes and across a broad spectrum of industries rely on Goodwin for advice and representation in all areas of labor and employment law. We provide practical advice to employers on hiring and disciplinary practices, compensation, workplace violence, privacy concerns, issues arising under the Family and Medical Leave Act, loyalty issues, and protection of employer good will and proprietary information via restrictions on post-employment competition.

Our lawyers have extensive employment litigation experience involving all significant employment law issues, including reasonable accommodation of disabilities; sexual harassment; discrimination claims arising out of reductions in force; individual disparate treatment claims; wrongful discharge/public policy claims; employment contract and employee benefits claims; wage and hour disputes; and enforcement of noncompetition obligations.

When a company is faced with a securities class action or shareholder derivative litigation, they need a partner who understands what is at stake and can think outside the box to achieve resolution. Goodwin’s deep experience, creative thinking and tenacity has led to our involvement in precedent-setting securities cases in courts across the country. The results we achieve are best of breed and have helped shape the law nationally, including outright dismissals of billions of dollars in putative class action and shareholder derivative claims. Our cases range from defending high tech and biotech companies in class action securities fraud litigation brought following restatements of earnings or the release of bad business news, to resolving shareholder derivative challenges, to multibillion dollar mergers and acquisitions.

Financial Industry