ERISA

THE FORGOTTEN BAR OF

E M P L O Y M E N T L AW
 1974
The Employee Retirement Income
and Security Act is passed.
• This is John Dent (D – PA).
• He introduced the bill!
• Studebaker Debacle
Now
ERISA is a substantial source of
employee protections and a big
part of the plaintiffs’ bar.
• This is you (? - ??)
• You’re a lawyer, you

History of help enforce ERISA.

ERISA • This is Barack

Obama (D – IL)
• He helped pass this
bill!
• MHPAEA, Employer
Plan Changes, etc.

The Affordable Care Act is passed.

2009
What does ERISA require?
 ERISA is “federal trust law.”

 Retirement plans, pension plans, health plans

-
f or a “CD
 Technical knowledge and understanding. d f r
98
om 19 plain ERI
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ROM
A slide of interesting charts
More interesting charts

• Don’t
worry
about
reading
this one,
just
proving a
point.
Who enforces ERISA?
 1. The Government
 This includes me and Jacob.
 EBSA, DOL, Treasury, etc.

2. The Plans/Employers

 Not an easy job, often competing interests

3. Private Attorneys

 Cohen Milstein, Sanford Heisler Sharp, etc.
 Large, often overlooked!
How do we get these cases?
 EBSA Investigation

 Whistleblowers
 Maine Oxy Case
 Home Depot Case

?????
 Public Scandal
 Studebaker
 FifthThird (“stock drop” suits)
Special Considerations
 Recovery in Retirement/Pension v. Health

 Private/Public Enforcement Often Clashing

 Avoiding/Arguing Preemption
Things ERISA Lets You Do
 Make money

 Help People
Thank You!