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Employee Benefits Counseling & Litigation - Overview

Labor & Employment Practice lawyers at Jones Day have, through years of experience, developed in-depth experience handling complex, high-exposure litigation relating to employee benefits involving hundreds of millions of dollars and covering tens of thousands of participants.

Our lawyers have represented employers in virtually every type of ERISA litigation imaginable, including single-plaintiff actions, nationwide class actions, and enforcement actions by the Department of Labor and Pension Benefit Guaranty Corporation. The issues in these cases have been varied; they include cases dealing with the modification or termination of retiree health or life insurance benefits; claims under the Multiemployer Pension Plan Amendments Act; denial of medical benefits, including claims relating to experimental treatment; alleged failure to provide information to participants; the termination or modification of pensions and retiree benefits in bankruptcy; and other cases involving both the tax and procedural aspects of ERISA.

Because of the nature of employee benefits administration, much of the employee benefits litigation faced by our clients includes putative nationwide classes of plaintiffs. In such cases, we have defended against claims of failure to vest pension benefits upon the alleged partial termination of the pension plan, alleged improprieties that resulted from the spinoff of plan assets and participants in a corporate reorganization, issues related to lump sum distributions under cash balance pension plans as well as allegations of breach of fiduciary duty and breach of contract, and fraud and other state tort claims.

Another advantage for clients of the "one Firm" philosophy at Jones Day is their seamless access to attorneys in our Employee Benefits & Executive Compensation Practice. This distinctive, multidisciplinary approach enables Jones Day to provide clients with sophisticated, cost-effective representation in all aspects of ERISA and tax counseling, as well as litigation.

Lawyers in our Employee Benefits & Executive Compensation Practice provide full-service representation, from pay and equity compensation packages for CEOs and other senior executives and directors to broad-based equity, retirement, and welfare plans. Our lawyers provide valuable input on all phases of the design, implementation, and administration of compensation and benefits programs and agreements.