Find Lawyers in Denver, Colorado for Employee Benefits (ERISA) Law
Practice Area Overview
Employee benefits law is a practice area for lawyers who counsel employers on different types of retirement and welfare benefit plans, with particular emphasis on benefits arrangements regulated by the Employee Retirement Income Security Act of 1974 (commonly known as “ERISA”).
ERISA lawyers, sometimes referred to as employee benefits attorneys, can provide legal guidance and representation to employers, plan sponsors, plan administrators, trustees and other parties involved in employee benefit plans. They may help with the creation and administration of these plans, as well as compliance with ERISA regulations and other laws governing employee benefits.
Some specific tasks an ERISA lawyer might handle include drafting plan documents, advising on plan design and operation, handling claims and disputes, representing clients in court or before regulatory agencies and providing guidance on tax and other related issues.
Areas of Focus for an ERISA Attorney:
Depending on their particular interests and expertise, an ERISA attorney may focus on a variety of areas related to employee benefits and retirement plans. Some common areas of focus include:
Plan Design and Drafting
An ERISA attorney can assist in the design and drafting of employee benefit plans, including pension plans, 401(k) plans and health and welfare plans.
ERISA attorneys can advise plan sponsors and administrators on their duties and obligations under ERISA, including compliance with reporting and disclosure requirements. ERISA lawyers can also provide guidance on strategies to minimize the risk of claims and disputes related to employee benefit plans.
ERISA attorneys can provide guidance on fiduciary responsibilities and liability, including investment decisions, plan expenses and potential conflicts of interest. ERISA lawyers can also review investment decisions made by plan fiduciaries to ensure that they are in compliance with ERISA regulations and that they align with the goals and objectives of the plan.
Plan Audits and Investigations
ERISA attorneys may represent clients in plan audits or investigations conducted by the Internal Revenue Service (IRS) or the Department of Labor (DOL). An ERISA lawyer can help plan sponsors and administrators navigate the audit or investigation process, ensuring that they are in compliance with ERISA regulations and minimizing any potential liability or financial impact.
Claims and Disputes
ERISA attorneys can handle claims and disputes related to employee benefit plans, including disputes over benefit entitlement, breach of fiduciary duty and alleged violations of ERISA.
ERISA attorneys can represent clients in litigation related to employee benefits and retirement plans, including claims for benefits, breach of fiduciary duty and other claims under ERISA.
Other Aspects of Work for ERISA Lawyers
As mentioned before, employee benefits law encompasses a wide spectrum of matters, including assisting clients with ongoing compliance matters relating to new statutes and regulations.
ERISA law also requires working with government agencies in connection with voluntary corrections, closing agreements, audits and investigations. This may involve working with organizations including:
- Internal Revenue Service.
- Department of Labor.
- Pension Benefit Guaranty Corporation.
In many of the top ERISA law firms, employee benefits law practitioners are called upon to identify special issues and potential problems in corporate and partnership reorganizations, mergers, acquisitions and securities transactions. Lawyers work closely with public and private investment funds to counsel on fiduciary duties, prohibited transactions and various tax issues related to plan asset investments.
Executive compensation matters are an important component of employee benefits legal services and involve advising clients on the tax and accounting concerns surrounding:
- Equity-based compensation.
- Bonus arrangements.
- Supplemental retirement and deferred compensation plans.
- Executive employment and severance arrangements.
- Securities law compliance.
Employee benefits lawyers assist in ERISA litigation disputes to prosecute and defend a wide variety of fiduciary duty claims on behalf of employee benefit plans, plan trustees and plan service providers, including:
- Claims arising from significant plan investment losses.
- Claims challenging plan amendments or terminations.
- Claims challenging plan restrictions on particular types of coverage.
ERISA lawyers can represent corporations in benefits litigation, as lawyers for employees in a dispute or as counsel on a host of employment law matters. Hiring an ERISA lawyer can help protect interests, ensure compliance with ERISA regulations and mitigate the financial risk associated with employee benefit plans.
Brenda provides invaluable insight to employers on a wide array of tax and ERISA matters affecting employee benefit plans. She has over 20 years of experience as an employee benefits attorney plus a background in accounting and third-party 401(k) plan administration. Brenda’s advice ranges from the initial design and drafting stage, through the day-to-day administration questions and complications that arise. Brenda has extensive experience with 401(k), defined benefit, health and welfa...
Rebecca Hudson is a member of Greenberg Traurig’s Benefits & Compensation Practice in Denver. Rebecca provides strategic advice to public and private company employers on all aspects of employee benefits including the design and implementation of tax-qualified retirement plans, welfare plans, deferred compensation and executive compensation plans. Rebecca frequently advises companies with respect to compensation and benefit issues in corporate events, including joint ventures, merge...
Offers sophisticated, practical and comprehensible advice on complex benefits and compensation matters. More than two decades of experience advising clients of all sizes. Brings unique expertise in payroll tax treatment and reporting issues, including worker classification. David Spaulding’s experience covers a wide range of employee benefits matters, including the design, implementation, communication, administration and amendment of all types of tax-qualified retirement plans, executi...
Nancy's practice focuses on employee benefits, executive compensation and ERISA litigation. Her experience encompasses the full range of employee benefits, including the design, implementation, communication, administration, amendment and termination of all types of qualified and nonqualified plans, executive compensation arrangements, equity-based compensation plans, health and welfare plans, cafeteria and flexible spending accounts, fringe benefit programs, and funding and asset investment ...
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