Today's employers, employee benefit plan sponsors, insurers, and other fiduciaries face a complex and frequently evolving array of claims under the Employee Retirement Income Security Act of 1974 and state law. Our lawyers are actively involved in the leading industry groups, including the ABA and DRI Life, Health and Disability Committee, and stay abreast of implementing regulations, enforcement, and legal developments in order to provide the best advice to our clients. Equally important, we maintain a successful benefits litigation practice with multi-jurisdictional expertise, appearing on behalf of clients in cases across the country. By doing so, we help clients work toward a uniform body of law to resolve benefits disputes. We also take a proactive approach by working with clients to review plan language and adopt effective claims administration procedures before problems arise.

We handle disputes over entitlement to benefits and associated removal and ERISA preemption issues, breach of fiduciary duty and prohibited transaction claims, subrogation actions, bad faith and rescission suits, and complex class actions in both ERISA and non-ERISA contexts. We have assumed a lead counsel role in both routine and complex benefits cases in courts in numerous states and have represented clients in connection with several important U.S. Supreme Court ERISA cases.

Representative Experience

We serve as outside general counsel to Bates College, providing advice to the Board of Trustees and Administration on issues relating to risk, Title IX compliance, student discipline, student accommodations, other academic and student affairs matters, employment, immigration, intellectual property, and other matters. We have also advised Bates on construction-related matters including contract review and resolution of claims.

Bates College Outside General Counsel

Lead counsel in obtaining dismissal of employment claims against hotel operator in U.S. District Court in Boston.

Employment Claims Against Hotel Operator

Obtained dismissal of employment discrimination claims against a hotel management company.

Employment Discrimination at Hotel Management Company

The First Circuit affirmed summary judgment for our client Standard Insurance Company in a disability benefits case. The court held that Standard was not liable for payments of benefits to treat Chronic Lyme Disease beyond the 24 month limitation period set by the ERISA plan for limited physical and mental conditions.

First Circuit ERISA Win for Standard Insurance Company

In two separate class actions, in which Pierce Atwood separately represented Unum Life Insurance Company and Sun Life Assurance Company, the U.S. Court of Appeals for the First Circuit held that using Retained Asset Accounts (RAAs) to pay death benefits claims on group life insurance policies does not violate the Employee Retirement Income Security Act (ERISA), where the policies either require or permit payment by RAA.

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First Circuit Wins for Life Insurance Companies in ERISA Class Actions

We successfully defended a private higher education institution on breach of contract claims brought by tenured faculty members in connection with a program closure.

Successful Defense of Breach of Contract Claims