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ERISA Litigation

Practices

ERISA Litigation

Our team handles the full range of ERISA litigation matters by drawing powerfully from three core disciplines – Employee Benefits & Executive Compensation, Labor & Employment, and Business Litigation.

The Thompson Hine “Trifecta”

Our comprehensive, collaborative approach allows us to see and address all ERISA litigation and litigation-avoidance angles simultaneously – a distinct strategic advantage for companies that sponsor and administer self-funded plans as well as the service providers associated with employer-sponsored plans, such as broad-based retirement plan management consulting firms, specialized ESOP investment banks, and valuation firms.

We are litigators first, possessing not only a deep understanding of ERISA disputes, but also prowess in general business litigation. Our blue-chip Employee Benefits & Executive Compensation practice counts some of the country’s largest corporations as clients. In addition to our third prong, Labor & Employment, we are bolstered by our deep compliance, corporate and tax teams, allowing us to tackle even the most complex litigation scenarios for our clients.

Thompson Hine has been named by Best Law Firms® as a Tier 1 national firm in Employee Benefits (ERISA) Law in 2025.

Best Lawyers Law Firms United States 2025

Retirement Plan Litigation

  • Defending 401(k) plan fiduciaries against fiduciary duty claims involving plan fees (e.g., recordkeeping, managed account, and fund fees) and investments (e.g., claims based on performance, share class, and employer securities).
  • Representing management consulting, investment advisory, and recordkeeping firms in connection with discovery.
  • Defending ESOP-specific service providers against challenges to their investment advisory or valuation services by the Department of Labor or plan participants.
  • Assisting ESOP companies and trustees in connection with governmental investigations.
  • Defending plans and fiduciaries against claims for civil penalties in connection with plan filings with the Department of Labor (e.g., Form 5500 or independent audit reports).
  • Defending plans in claims involving benefits, including complications caused by plan terminations, competing claimants, lost paperwork, and historical acquisitions and reorganizations.
  • Defending plans against “controlled group” liability claims brought by the PBGC.
  • Defending contributing employers in withdrawal liability disputes.

Health & Welfare Plan Litigation

  • Defending plans and fiduciaries in claims involving benefits, including the overlay of
    • The Mental Health Parity and Addiction Equity Act
    • Out-of-network provider claims
    • Coordination of benefits, subrogation, and overpayment disputes
  • Defending fiduciaries against fiduciary duty claims involving allegations of excessive plan costs and miscalculation of participant co-pays and deductibles.
  • Defending plans and fiduciaries against statutory claims, including challenges to wellness programs and claims for failure to provide required plan information upon request.
  • Representing plans in disputes with service providers.

Our Business Litigation and Employee Benefits & Executive Compensation practice groups collaborate to write posts for ERISA Litigation & Compliance, our blog covering the latest issues related to ERISA litigation and litigation-avoidance. As a firm that excels in handling the full range of ERISA litigation and in counseling clients on how to avoid ERISA litigation through training, compliance and careful drafting, we hope you will find our updates, tips and best practices valuable.

For the latest news and analysis, please visit our blog, ERISALitigation.com. To receive an email notification whenever a new blog post is published, please subscribe to the blog.

If you have any questions, please contact your Thompson Hine relationship attorney or Brian J. Lamb or Julia Ann Love, Employee Benefits & Executive Compensation practice group leader.