Employee Benefits Law

Spear Wilderman represents multiemployer and single-employer private and public employee benefit plans, as well as plan sponsors, participants and beneficiaries on a wide variety of issues and problems arising under ERISA, the Internal Revenue Code, the Labor Management Relations Act and state law.  Frequent legal developments and the ever-expanding nature of this area of our practice involves our:

  • Representing clients in U.S. Department of Labor, Pension Benefit Guaranty Corporation and IRS investigations
  • Advising plans on qualification and fiduciary issues and representing them in IRS and DOL remedial proceedings
  • Reviewing and negotiating provider contracts
  • Reviewing, revising and drafting plan documents, including Summary Plan Descriptions and Plan amendments, both as required by law or to effectuate discretionary amendments affecting plan design and administration
  • Advising and litigating withdrawal liability disputes on behalf of multiemployer defined benefit pension plans. We have acted as counsel to plans experiencing mass withdrawal, and have resolved numerous withdrawal liability disputes with and without litigation
  • Litigating employer contribution delinquencies, including claims against alter-egos, disguised continuances and double-breasted employers, as well as those arising in bankruptcy
  • Advising Unions on the numerous benefits issues that arise in bargaining and administering labor agreements

Spear Wilderman represents benefits clients as well as non-benefit-plan Taft-Hartley entities on a national basis.  Our clients come from building and construction, service, public, retail, professional and industrial settings.  Our attorneys speak regularly on benefits issues in a wide array of venues, and participate extensively in the Employee Benefits Committee of the American Bar Association’s Section of Labor and Employment Law, as well as the AFL-CIO Union Lawyers Alliance.