Standing in ERISA Fiduciary Litigation for Plan Administrators

With 17 years of experience as a labor and employment litigator with Seyfarth Shaw, Ms. Dolph is an advisor to clients in the airline, retail, healthcare and manufacturing industries. Her practice focuses on advice and counsel and innovative litigation involving complex procedural defenses, including preemption of state law claims under ERISA, Railway Labor Act, Airline Deregulation Act, Federal Aviation Act, and the Servicemembers' Group Life Insurance Act (SGLIA); Article III and statutory standing; statute of limitations; and administrative exhaustion requirements, among others; Illinois Biometric Information Privacy Act (BIPA) claims, prevailing as lead counsel in the first BIPA case to be heard by the U.S. Court of Appeals for the Seventh Circuit; whistleblower claims under state law, AIR21, Dodd-Frank and Sarbanes-Oxley; discrimination claims in state and federal jurisdictions across the country, including under Title VII, ADA, Section 1981, and the ADEA, and their state law counterparts, including systemic actions brought by the EEOC; ERISA single, multi-plaintiff and class action matters involving denial of health, disability, life, pension and 401(k) benefits, including defense of high profile “stock drop,” retiree medical and 401(k fee class actions.

Ms. Kang has handled a broad spectrum of litigation, including cases involving benefit claims, fiduciary issues, plan administration, multiemployer plans, withdrawal liability, delinquent contributions, plan reimbursement and subrogation, non-ERISA benefit plans (such as governmental plans and church plans), and class actions.

Mr. Netter is a member of the firm’s Litigation & Dispute Resolution Practice and is Co-Leader of the Supreme Court & Appellate Group. His practice consists of briefing and arguing high profile and legally complex cases in trial and appellate courts. Mr. Netter’s experience covers a broad range of substantive areas and he frequently litigates cases involving administrative law, constitutional law and ERISA. He is a frequent commentator on the Supreme Court’s ERISA docket.