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.


News & Resources


  • Year End Fiduciary Checkup | HHS Reels in Phishing Attack Settlement
  • Claims Procedure Takes Center Stage at the 6th Circuit | Arbitration Provision Enforcement Remains Murky
  • Seventh Circuit Upholds Unambiguous Eligibility Standard | IDR Process is Up and Running | DOL to Prudential: You Can’t Have Your Cake and Eat it, too!
  • 2023 Limits for HSAs and Excepted Benefit HRAs | COVID-19 Testing Denial Serves as Basis for ERISA Litigation | Extension of Physical Presence Relief for Spousal Consent | COMPLIANCE ALERT - Cycle 3 Restatement Deadline
  • Coverage of At-Home COVID-19 Tests | New Guidance on Group Health Plan Provider Compensation Disclosure Rules | Revised Auditing Standards for ERISA Plans
  • Teachings from the Antioch Company Saga
    National Center for Employee Ownership Issue Brief


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