ERISA Lawyers

ERISA lawyers handle a wide range of complex matters related to pension funds and plans. Our lawyers handle such cases throughout the United States under the Employee Retirement Income Security Act (ERISA) and state trust law. ERISA cases involve issues like denial of benefits, breach of fiduciary duty and whistleblowing. Loftus & Eisenberg, Ltd is skilled in representing both sides of ERISA litigation, and also defends ERISA plan beneficiaries against accusations of faulty investment advice and breach of fiduciary duty.

Defending ERISA Claims

The law is complicated however, our team is experienced in the defense of employee benefit plans as well as their fiduciaries from lawsuits claiming ERISA violations. We can offer guidance regarding fiduciary obligations and liabilities for investment decisions, expense allocations and potential conflicts of interest. We can also help clients respond to audits and investigations by the IRS or Department of Labor. We have years of experience in defending ERISA claims in court, on appeals and in arbitration. Most of the time, these cases include claims for breach of fiduciary duty, like the denial of life, health, disability and retirement benefits; breach of the implied covenant of good faith and fair dealing and violation of state statutes of limitations. We can help insurers and employers reduce risk by creating enforceable Firestone-style language in their benefit plans. This makes it more likely that courts will rely on a fiduciary in the event of litigation. It also helps protect you from class action litigation.

ERISA Class Actions

ERISA class action litigation is more common than ever, as private health and pension plans have grown significantly in size. Combined the assets total around $10 trillion, which makes them a popular attorney for plaintiffs. Our team defends both individuals and companies against a range of claims that include denial of benefits, obstruction with benefit execution and breach of fiduciary obligations. ERISA lawsuits are usually filed against the plan sponsor and its administrators as well as fiduciaries. Directors and officers serving in these positions are also subject to liability too. In 2025 the Florida district court ruled another victory for TECO Energy in an ERISA class action case when the judge denied plaintiffs' motion for standing based on their argument that the recent transaction (involving a pension risk transfer) led to them losing their legally-binding ERISA protections, like the backing of the Pension Benefit Guaranty Corporation. The court also reiterated that ERISA participants must exhaust their administrative appeals before bringing a lawsuit.

ERISA Litigation

ERISA is complex and multifaceted. It is a law that governs billions of dollars in private pension funds and investments. Due to the magnitude of these assets, ERISA class action lawsuits are increasingly common and can be expensive. Our ERISA litigation group represents trustees, plan sponsors and investment managers in disputes with the Employee Benefits Security Administration (EBSA), IRS and Department of Labor. We also defend our clients against individual and class actions filed by disgruntled participants of their plans. We level the playing field for our clients in the insurance companies that are not real and stand between them and their financial security. We can negotiate settlements or, if needed we can bring your case to court and on appeal. In some cases we can offer contingency fees. In other instances, we'll bill on an hourly basis or in the form of a flat fee. We represent clients across the United States. Our Chicago ERISA lawyers are available for consultation by phone or in-person.

ERISA Appeals

When an ERISA disability insurance claim is denied because it is based on the absence of medical evidence that is sufficient, obtaining a new evidence such as a functional capacity assessment or vocational evaluation can greatly increase the likelihood of winning an appeal. To achieve a positive outcome, it is also important to consider the insurer's arguments based on unclear policy words and to make sure that ERISA claim processing regulations have been followed. A Chicago ERISA attorney is crucial during the appeals process. As opposed to federal court, which does not provide for jury trials or cross-examination of witnesses ERISA claims are usually decided by a judge only on the administrative record and legal submissions made during the denial and appeal process. ERISA attorneys frequently assist clients in appeals of disputed ERISA benefits issues as well as breach of fiduciary duty allegations in retirement plans like pensions and 401(k)s. Since ERISA is a federal law, it is crucial to select an attorney who has expertise in this area, regardless of geographic location.