ERISA Preemption and Employee Benefit Claims: Recent Court Decisions, Causes of Action, Plan Administration

Mr. Jara focuses his practice on the Employee Retirement Income Security Act (ERISA) and employment litigation and counseling. He has extensive experience in representing corporations, tax-exempts, associations, pension funds, boards of trustees, Employee Stock Ownership Plans (ESOPs), defined benefit and defined contributions plans, multiple employer plans, multiemployer plans, and executives in areas of employment, ERISA, and other employee benefits law matters. Mr. Jara's practice includes representing clients under investigation by the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration and defending clients from lawsuits filed by DOL's Office of the Solicitor regarding civil and/or criminal violations of ERISA. He defends plan sponsors, boards of directors and fiduciaries against ERISA class action litigation alleging breach of fiduciary duty under ERISA, including excessive fees, imprudent investments, delinquent employee contributions and improper valuation of employer stock. Mr. Jara provides legal advice to plan sponsors and fiduciaries on fiduciary responsibilities, plan fees and expenses, plan asset regulations and ERISA-prohibited transactions and exemptions.

Ms. McCarthy is an attorney in Holland & Knight's Chicago office and a member of the firm's Litigation and Dispute Resolution group. She focuses her practice on complex commercial litigation, class actions and litigation under the Employee Retirement Income Security Act of 1974 (ERISA). Ms. McCarthy represents clients in a wide array of complex business disputes, financial services litigation and class actions. She has significant experience handling claims across a variety of industries for breach of contract, fraud, breach of fiduciary duty and other business torts. Ms. McCarthy also represents companies and individuals in the prosecution and defense of restrictive covenant, trade secret claims and other employment-based claims. She has experience representing clients in complex financial services matters, with a particular focus on distressed real estate and commercial foreclosures. Ms. McCarthy also represents commercial landlords and tenants in lease disputes. She serves as the client development leader for Holland & Knight's Real Estate and Hospitality Industry Sector Group.