Skip to Content


ERISA Litigation

Godfrey & Kahn's ERISA litigation team boasts some of Wisconsin's most experienced litigators and benefits professionals. Our deep understanding of ERISA law and our ability to navigate complex regulations and court proceedings set us apart from our peers.

Main Content


Unparalleled ERISA Litigation Expertise

Benefit plan fiduciaries, administrators, and plan sponsors have increasingly been the target of the active and sophisticated plaintiff class action bar.

The immense amount of capital held in employee benefit plans, and the complex and sometimes arcane legal and regulatory environment in which those plans operate, make plans and plan fiduciaries attractive targets.

Recent decisions awarding attorney fees to plaintiffs' counsel, even in cases where negligible results were obtained, have further raised the stakes of these suits.

Unfortunately, multimillion-dollar judgments and settlements are frequently reported in the legal press, and lawsuits related to employee benefits have become all too common for both public and private companies, across all industries. As health care and retirement savings continue to be among the most important issues facing America's workforce, it is not surprising that ERISA litigation is on the rise.

Defending our clients' interests is our top priority.

We have the depth to handle all types of benefits disputes, from individual claims to sophisticated class action suits against benefit plans, plan sponsors, and fiduciaries. We defend these claims with our combined knowledge of employee benefits law paired with a talented team of class action litigators and courtroom lawyers. We recognize that successful outcomes almost always involve considerations of litigation efficiency. We look for ways to win or resolve every dispute at the earliest possible stage. Our collaborative approach keeps our clients' interests paramount.

In many matters, we work closely with a client's fiduciary liability insurance carrier to provide an effective and efficient defense. We are familiar with carriers' practices and expectations and are proud of the confidence we have earned with many major carriers.

Get in Touch


Please wait while we gather your results.
  • We successfully defended a third-party administrator against claims that it breached fiduciary duties in the processing and payment of thousands of claims under hundreds of welfare benefit plans. The plaintiffs in this putative class action alleged that the Third Party Administration (TPA) violated various claims handling regulations enacted pursuant to ERISA related to pre-service claims. The court accepted our argument that the plaintiffs were not entitled to the relief they sought.
  • In another matter, we successfully resolved a case involving allegations that a service provider failed to properly value mutual fund shares held within the client's defined contribution retirement plan. In this case, we were able to achieve a favorable settlement through direct negotiation, prior to incurring substantial litigation costs. The settlement avoided protracted litigation with plan participants and beneficiaries.

You might also be interested in

Please wait while we gather your results.

Need a Comment or Expertise?

With more than 190 lawyers, Godfrey & Kahn is one of Wisconsin's leading business law firms. If you have a media request or need an attorney with particular knowledge for comment, send us an email.