Employee Benefits



Wilson Elser counsels employers, plan administrators, fiduciaries and plan insurers nationwide on the proper and efficient implementation, administration and maintenance of benefits plans.

Our attorneys conduct customized educational programs and workshops designed to guide the development and administration of plans that are truly valued by employees and less susceptible to the risk of litigation. Should claims nonetheless be brought, we confer with our clients to achieve swift, cost-effective and predictable resolutions conforming to well-defined and mutually agreed objectives.

Our collaboration with clients begins with a thorough understanding of their businesses, challenges and opportunities, strengthened by timely communication and “real-time” monitoring of assigned matters.

Drawing on the experience of colleagues throughout our office network and across disciplines, we are able to tailor services to meet our clients’ distinct legal requirements. We frequently form cross-disciplinary teams with other Wilson Elser practices, such as Employment & Labor, Securities, Data Privacy & Security, Directors & Officers Liability or Class Action Defense, to advance our clients’ objectives.

Specific consultative services with respect to employee benefits plans, such as pension and retirement plans and health and welfare plans, include but are not limited to:

  • Plan design, implementation, amendment
  • Plan termination or withdrawal
  • ERISA reporting and disclosure compliance
  • Patient Protection and Affordable Care Act compliance
  • HIPAA compliance
  • Fiduciary duty compliance, e.g., reporting and disclosure, prohibited transactions, unauthorized disbursements, fee structure
  • Claims consulting, e.g., eligibility, medical bills, disability payments, COBRA, conversion benefits, disability payments.

With more ERISA appearances than any other law firm in the country, our litigation experience is extensive and our track record unsurpassed. We have represented benefits plans and related entities in connection with various types of claims, including:

  • 401(k) stock drop and fee claims
  • Benefits claims
  • Cash balance plans
  • Coordination of benefits disputes
  • Fiduciary duty breach, e.g., reporting and disclosure, prohibited transactions, unauthorized disbursements, prudent fiduciary
  • Retiree litigation
  • Section 510 termination claims, e.g., retaliation, interference with benefits
  • Subrogation and recovery of overpayments
  • Withdrawal liability.