ERISA litigation has exploded in recent years as plaintiff lawyers find new and aggressive ways to attack ERISA fiduciaries, plan sponsors and professionals who provide services to employee benefit plans. The Department of Labor, too, is getting in on the act, with increasingly antagonistic audits and investigations. Vigilant human resource professionals, individual and institutional ERISA fiduciaries, plan sponsors and non-fiduciary professionals, despite their diligence, often find themselves embroiled in litigation or under regulatory scrutiny. This is where our experienced ERISA defense team is able to draw from its broad experience to provide counsel when a regulatory agency comes knocking, or a robust defense when a plaintiff firm pounces.

For years, KMK has combined the substantive knowledge and extensive experience of our Employee Benefits Group with our Litigation Group in its ERISA defense team. Our interdisciplinary approach provides our plan sponsor, corporate board, ERISA fiduciary, and employee benefits service provider clients with creative solutions and unswerving advocacy in a wide variety of matters including ESOP litigation, 401(k) excessive fee and related claims, stock drop cases, claims alleging violations of ERISA-based duties and prohibited transaction rules, and regulatory investigations and audits.

Whether a small matter or a bet the company issue, the KMK ERISA defense team brings creative and cost-efficient solutions both to the courtroom and to the board room.


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