At HSGLaW, we fight to protect the retirement security of workers, retirees, and their families.
From pension plan mismanagement to wrongful denial of retirement benefits, we help plan participants, fiduciaries, and sponsors navigate complicated legal disputes — and win back what’s rightfully theirs.
What Is ERISA?
ERISA stands for the Employee Retirement Income Security Act of 1974. It’s a federal law that sets the rules for most employer-sponsored retirement plans, including 401(k)s, pensions, health benefits, and other employee welfare benefit plans.
ERISA exists to:
- Protect employees from mismanagement or misuse of benefit funds
- Require transparency from plan administrators
- Hold fiduciaries accountable to strict legal standards
- Provide a legal avenue to challenge benefit denials or mismanagement
Whether you’re a plan participant, trustee, or administrator, understanding your rights and responsibilities under ERISA is crucial.
Who We Represent
Our clients come from all sides of ERISA litigation. We represent:
- Plan participants seeking denied or mishandled benefits
- Fiduciaries and trustees navigating complex plan administration
- Plan sponsors and administrators facing compliance challenges or legal claims
- Unions and Taft-Hartley funds protecting worker benefits
No matter your role, we help ensure ERISA’s rules are followed and your rights are protected.
Types of ERISA Cases We Handle
HSGLaW brings decades of experience handling a wide range of ERISA-related claims, including:
Denied or Improperly Handled Benefits
- Long-term disability (LTD), short-term disability (STD), health, or retirement benefit denials
- Improper claim processing
- Retaliation or interference after requesting benefits
Breach of Fiduciary Duty
- Mismanagement or misuse of plan assets
- Conflicts of interest
- Failure to monitor investments
- Excessive fees or hidden costs in 401(k) and pension plans
Plan Mismanagement & Compliance Violations
- Failure to collect employer contributions
- Imprudent investments in employer stock
- Improper plan design or amendments
- Non-compliance with DOL regulations
Investment & Contribution Disputes
- Employer failure to deposit 401(k) contributions
- Issues with participant-directed investments
- Securities violations tied to plan performance
Subrogation & Beneficiary Disputes
- Competing beneficiary claims (e.g., divorce or death-related conflicts)
- Interpleader actions
We also help fiduciaries respond to Department of Labor (DOL) audits, investigations, and enforcement actions.
Notable ERISA Case Results
Our firm has helped recover tens of millions of dollars in pension and retirement plan litigation. A few of our most significant results include:
Hitchcock v. Cumberland University 403(b) DC Plan
In this precedent-setting case, we helped university employees recover hundreds of thousands of dollars in retirement funds that were wrongfully withheld. More importantly, the Sixth Circuit ruled that plan participants can bring ERISA claims directly to court without exhausting the plan’s internal remedies — a groundbreaking win for employee rights.
In re Nortel Networks Corp. ERISA Litigation
We represented a class of pension plan participants in a case against Nortel Network fiduciaries, securing a $21.5 million minimum recovery for clients, plus access to additional funds held by third parties.
Xcel Energy, Inc. ERISA Litigation
Our attorneys represented a pension plan in a case involving improper restrictions on employer stock. The result:
- $8.6 million cash settlement for the plan
- Lifted stock restrictions worth between $38 million and $93 million
- Ability to recover in a parallel securities action
These cases highlight both our litigation skill and our dedication to protecting retirement assets for hard-working individuals.
Why ERISA Matters to You
If you’ve spent years building your retirement savings, you deserve to know that your plan is being managed properly — and that you’ll receive the benefits you’ve earned.
Unfortunately, many people don’t realize their rights under ERISA until it’s too late. Delays, denials, and mismanagement can cost thousands — or even wipe out your financial future.
ERISA provides tools to:
- Challenge benefit denials
- Sue for breach of fiduciary duty
- Recover losses caused by plan mismanagement
- Protect survivor and beneficiary rights
We use every legal tool available to make sure our clients receive the full benefits they’re entitled to.
Working With HSGLaW
We make a complicated area of law feel manageable. When you work with our team, here’s what you can expect:
For Plan Participants:
- Review of benefit denial letters and claim files
- Help filing administrative appeals or litigation
- Coordination with medical or financial experts to support your claim
- Clear explanation of your rights and options
For Fiduciaries and Trustees:
- Proactive compliance guidance
- Defense in ERISA litigation or audits
- Assistance with plan administration and documentation
- Advice on conflicts of interest or prudent investment standards
Whether you need to recover lost benefits or protect your fiduciary role, we bring the legal strength to help you succeed.
Frequently Asked Questions
What is a fiduciary under ERISA?
A fiduciary is anyone who manages or controls a benefit plan or its assets. Fiduciaries must act solely in the interest of plan participants and beneficiaries. Failing to do so can result in personal liability.
What can I do if my 401(k) contributions weren’t deposited?
Employers are legally required to deposit your contributions on time. If they fail to do so, it may be a breach of fiduciary duty or an ERISA violation. You may be entitled to back contributions, interest, and penalties.
Can I sue my employer or plan administrator under ERISA?
Yes. ERISA allows you to file a lawsuit if your benefits are wrongfully denied, or if the plan is mismanaged. Courts can award benefits, damages, and even remove fiduciaries in serious cases.
How long do I have to file a claim?
ERISA claims have strict deadlines. Some are set by federal law, others by the plan itself. It’s important to act quickly — we can help you understand your filing window and preserve your rights.
Why Choose HSGLaW for ERISA Litigation?
- Proven Results: Tens of millions recovered for plan participants and fiduciaries
- Experienced Team: Decades of ERISA, pension, and retirement law experience
- Multi-Dimensional Knowledge: Cross-practice experience in securities, labor, and employment law strengthens our strategy
- Client-Focused Approach: We make complex legal issues clear and actionable for you
Contact HSGLaW
If you’ve been denied benefits, suspect mismanagement of your retirement plan, or need experienced guidance with ERISA compliance, our team is ready to help.
Reach out today for a confidential consultation. We’ll walk you through your options and fight to protect your benefits.
