ERISA Lawyers

ERISA lawyers handle a broad variety of complex issues related to pension funds and plans. Our lawyers handle such cases across the United States under the Employee Retirement Income Security Act (ERISA) and state trust law. ERISA cases can involve issues like the denial of benefits as well as breaches of fiduciary obligations. Loftus & Eisenberg, Ltd is skilled in representing both sides of ERISA litigation, including defending ERISA plan participants against allegations of bad investment advice and breach of fiduciary duty.

Defending ERISA Claims

The law is complex, but our team is adept at defending employee benefit plans and their fiduciaries against lawsuits alleging ERISA violations. We can provide advice on fiduciary responsibilities as well as liability for investment decisions, expense allocations and possible conflicts of conflicts of interest. We can also assist clients respond to audits and investigations by the IRS or Department of Labor. We have extensive experience defending ERISA claims in the courts, on appeals, and in arbitration. These cases typically involve claims of breach of fiduciary duties, such as denial of retirement and health, disability and life benefits, violation of implied covenants of good faith, and fair dealing, and violations of state statutes. We can assist insurance companies and employers minimize risk by creating enforceable Firestone-style language in their benefit plans. This will make it more likely that a court will rely on a fiduciary in the event of litigation. It can also protect you from class action litigation.

ERISA class actions

ERISA class actions have become more frequent than ever before because the amount of private pension and health plans has increased. These assets total more than 10 trillion dollars, and are a target for lawyers representing plaintiffs. Our team defends both companies and individuals that are facing a myriad of claims including breach of fiduciary duty, denial of benefits and hindering benefit execution. Generally speaking, ERISA lawsuits involve claims against the plan's sponsor or its administrators and fiduciaries. Directors and officers serving in these positions are also subject to liability as well. In 2025, a Florida district court issued another victory for TECO Energy in an ERISA class action case when the judge denied plaintiffs' motion for standing based on their argument that a recent transaction (involving the transfer of risk from pensions) caused them to lose their statutory ERISA protections, such as the backing of the Pension Benefit Guaranty Corporation. The ruling also reiterated that ERISA participants must exhaust their administrative appeals before filing a lawsuit.

ERISA Litigation

ERISA is complex, and has numerous facets. It regulates billions of dollars in private pension funds and investments. Due to the magnitude of these assets, ERISA class action lawsuits are becoming more frequent and can be costly. Our ERISA litigation team represents plan sponsors, trustees, investment managers, third-party administrators and insurers in a vast range of disputes with the Employee Benefits Security Administration (EBSA), IRS, Department of Labor and Pension Benefit Guaranty Corporation (PBGC). We defend our clients against lawsuits involving class action and individual plaintiffs filed by disgruntled participants. We provide our clients with a level playing field against faceless insurance companies that stand in the way of their financial security. We can negotiate settlements or, if needed, we can go to court and appeal. In some cases we can offer contingency fees. In other cases, we may bill hourly or as a flat price. We represent clients throughout the United States. Our Chicago ERISA attorneys are available to talk with clients by telephone or in person.

ERISA Appeals

When an ERISA disability insurance claim denial is based on lack of sufficient medical evidence, obtaining new proof such as a functional capacity assessment or vocational assessment can greatly increase the likelihood of success at appeal. In the event of an insurer's argument that are based on unclear policy language and ensuring that the procedure is in conformity with ERISA's claims processing regulations are also crucial to an outcome that is successful. The services of an Chicago ERISA lawyer is crucial during the appeals phase. As opposed to federal court, which does not provide for jury trials or cross-examinations of witnesses, ERISA claims are usually decided by a judge solely on the administrative record and legal documents made during the denial and appeal process. ERISA lawyers assist clients with appeals of dispute-related ERISA benefit issues and allegations of breach of fiduciary duty in retirement plans, including pensions and 401ks.