Labor, Employment & Safety

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The legal landscape for ERISA and managed care is complex and ever changing. Our particular knowledge and experience make a critical difference in successfully defending or prosecuting ERISA and managed care matters, or, in many instances, preventing litigation through careful planning and guidance.

Attorneys in Spilman’s ERISA and Managed Care Practice Group represent businesses, employers, retirement and welfare plans, insurers, and health maintenance organizations in connection with claims of breach of fiduciary duty, claims for benefits, governmental investigations, subrogation, disputes arising under ERISA, and general malpractice claims.

Our specific experience includes the following:

  • Litigating claims involving breach of fiduciary duties and misappropriation of plan assets
  • Defending claims brought by participants and employees for retirement, severance, life, health and disability benefits under both insured plans and self-funded plans
  • Litigating claims involving unique and complex issues of preemption of state law
  • Litigating claims under ERISA's anti-retaliation provision concerning employees, participants and beneficiaries

The practice group also focuses on representing managed care organizations in a variety of matters, including complex reimbursement issues, administrative claims before insurance commissioners, and defending managed care entities in traditional malpractice claims that fall both within and outside the preemptive scope of ERISA.

Our attorneys provide practical advice concerning compliance with state and federal law, plan amendments, approval of plan documents by regulatory entities, claims procedures, opinions concerning coverage, the interplay of ERISA with collectively bargained plans, and taxation. For more information about our ERISA & managed care practice, contact:

304.340.3875