ESOP Litigation: Recent Cases, Legal Theories, Prohibited Transactions, Disputes Involving Service Providers

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.

Mr. Salek-Raham specializes in the defense of ERISA class action lawsuits and U.S. Department of Labor enforcement actions. More specifically, he frequently represents plan fiduciaries, plan service providers, plan sponsors, and directors and officers in lawsuits involving employee stock ownership plans, particularly “overvaluation” suits, and other defined contribution plans, including fee and imprudent fund selection suits. His experience spans all phases of federal litigation, including motions practice, class certification, discovery, mediation, and trial. In addition to his litigation practice, Mr. Salek-Raham represents clients involved in U.S. Department of Labor retirement plan investigations.