Fiduciary Liability

KB&R represents the interests of insurers in connection with claims made against their insureds (including pension plans, plan fiduciaries and third-party administrators) for alleged violations of the Employee Retirement Income Security Act of 1974. We have experience with various types of these complex and increasing claims, from “tag-along” actions, which accompany securities fraud class actions and allege breach of fiduciary duty, to complaints alleging ERISA violations in connection with the conversion of traditional defined benefit pension plans to “cash balance” plans. We assist our clients on all claim handling issues, including investigation of the claims, formulation of and advocacy of coverage position, supervision and coordination of defense efforts and the negotiation of settlements and coverage issue resolution.

KB&R also serves as defense counsel to pension plans and fiduciaries in connection with claims brought by plan participants and beneficiaries alleging, among other things, breach of fiduciary duties in violation of ERISA. We handle all aspects of such claims, from investigation, motion practice and discovery through trial and settlement.