Securities and Finance

ERISA Actions

ERISA Actions

In the last quarter century, employee benefit plans, especially 401(k) defined-contribution retirement plans, have become increasingly important as a means for saving for retirement and other purposes. Historically, litigation has arisen when stock or bond market fluctuations have imposed losses on these plans. The current financial crisis is no exception, and ERISA litigation over losses in these plans is once again on the rise. These losses typically relate to retirement plans containing employer stock in companies hit hard by the crisis. Shareholders may also pursue litigation over other poorly performing investments in 401(k) plans. In addition, crisis-related retirement plan disputes have arisen over such issues as the investment of cash collateral held in securities-lending programs.

Experts in NERA's Securities and Finance Practice have deep expertise in addressing the financial questions at issue in ERISA litigation, including prudence and reasonableness of decisions by fiduciaries, disclosure of information to plan participants, and estimation of losses to a plan or to its participants from alleged wrongdoing. In some cases, allegations are closely related to allegations in parallel shareholder class actions. In other cases, the allegations center on the retention of employer stock as an investment despite events (such as imminent bankruptcy) that heightened the risk of that stock. NERA's experts have also analyzed issues of allegedly excessive fees in 401(k) plans.

Name Title Location Phone Email
Lucy P. Allen Managing Director New York City +1 212 345 5913 lucy.allen@nera.com
Dr. Patrick Conroy Managing Director Miami
New York City
+305 341 5025
+1 212 345 1466
patrick.conroy@nera.com
Dr. Vinita Juneja Managing Director
Chair of NERA's White Collar, Investigations and Enforcement Practice
New York City
London
Toronto
+1 212 345 3148
+44 20 7659 8618
+1 416 868 7314
vinita.juneja@nera.com
Dr. Denise Neumann Martin Managing Director Miami +1 305 808 7880 denise.martin@nera.com
Dr. Faten Sabry Managing Director
Chair of NERA's Global Securities and Finance Practice
Bankruptcy Practice Chair
New York City
London
+1 212 345 3285
+44 20 7659 8618
faten.sabry@nera.com
Dr. David Tabak Managing Director New York City +1 212 345 2176 david.tabak@nera.com
Adam Warren Managing Director Chicago +1 (312) 573-2821 adam.warren@nera.com
Dr. Stephanie Plancich Director New York City +1 212 345 7719 stephanie.plancich@nera.com
Dr. Ling Ling Ang Associate Director New York City
Washington, DC
Chicago
+1 212 345 5409
+1 202 466 9259
+312 573 2827
lingling.ang@nera.com
Dr. Airat Chanyshev Associate Director New York City +1 212 345 7336 airat.chanyshev@nera.com
Robert Patton Associate Director Toronto
London
New York City
+1 416 868 7318
+44 20 7659 8620
+1 212 345 3269
robert.patton@nera.com
Dr. Andrew Carron Affiliated Consultant New York City
London
+1 212 345 5407
+44 20 7659 8500
andrew.carron.affiliate@nera.com
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