Knowledgeable ERISA Attorneys Protect Plan Provider Interests
Reliable litigation of disputes around fiduciary duties, plan fees and benefit claims from a Columbia-based law firm
Businesses invest in competitive benefits packages to attract and retain talented employees. Insurance providers craft plans to meet the needs of the company’s work force at a price the company can absorb. But questionable benefits claims damage the company and the insurer, threatening their ability to deliver on their obligations to legitimate claimants. Montgomery Willard, LLC provides litigation defense for plan providers. Our proven trial attorneys have detailed knowledge of federal and South Carolina laws governing benefits packages. We draw on more than 70 years of combined insurance defense experience to protect your company from frivolous, excessive or fraudulent claims and charges of mismanagement.
South Carolina litigation attorneys experienced in defending employee ERISA benefit claims
Congress passed the Employee Retirement Income Security Act (ERISA) in 1974 to protect participants in employer-sponsored benefit plans. The law covers programs such as:
- Employee stock ownership plans (ESOPs)
- Retirement benefits, pension plans, 401(k)s
- Medical, surgical or hosptial care
- Temporary disability benefits
- Long-term or permanent disability
- Death benefits
ERISA requirements are complex, and the law provides civil and criminal penalties for violations. The most common violations that employees allege are excessive fees, unfair denials of claims and improper reductions of benefits. Our insurance attorneys have the experience to manage administrative appeals and defenses to civil court actions. In the coming years, plan providers may also see a rise in complaints related to health benefits packages due to provisions of the Patient Protection and Affordable Care Act (PPACA). Montgomery Willard is ready to address all such issues.
Skilled defense of fiduciaries charged with mismanagement of ERISA plans
The Employee Benefits Security Administration investigates complaints of mismanagement against benefit plan fiduciaries. They find that companies often run afoul of strict ERISA guidelines when they improperly compensate benefit plan consultants and other investment advisers. ERISA civil violations include:
- Failing to operate the plan prudently and for the exclusive benefit of participants
- Failing to hold plan assets in trust
- Failing to follow the terms of the plan
- Taking adverse action, such as firing an individual, for exercising rights under the plan
Montgomery Willard has successfully defended ERISA fiduciaries from allegations of breach of fiduciary duty under ERISA and has proactively consulted with clients to prevent breaches of fiduciary duty.