Benjamin Eisner

Ben Eisner is a leading multiemployer and benefits practitioner, and a shareholder of Spear Wilderman, PC. He represents multiemployer benefit plans and other Taft-Hartley entities, plan sponsors, unions and individuals in matters arising under ERISA, the Labor Management Relations Act and the Internal Revenue Code. Also an accomplished labor litigator, Ben successfully defended the fundamental right of teachers in religious schools to organize and bargain collectively in South Jersey Catholic School Teachers Organization v. St. Theresa of the Infant Jesus Church Elementary School, 150 N.J. 575 (1997) and, with our partner Chuck Joyce, the fundamental bargaining rights of police patrol officers in Delaware River Port Authority v. Fraternal Order of Police, Penn Jersey Lodge 30, 290 F.3d 567 (3d Cir. 2002). Ben has advised numerous multiemployer pension plans regarding withdrawal liability matters, and has been counsel to two plans experiencing mass withdrawal. From time to time he has been asked to mediate withdrawal liability disputes, when the parties need an experienced and knowledgeable person to assist them in resolving complex issues outside of arbitration or litigation. Experienced attorneys consult him regularly on ethical issues arising in the benefits and multiemployer practice.

Ben served as union co-chair for the American Bar Association, Section of Labor and Employment Law Employee Benefits Committee’s Withdrawal Liability Subcommittee in 2009 and 2010, and as Union co-chair for the ABA’s Ethics Subcommittee from 2010 through 2017. He served as Union co-chair of the Employee Benefits Committee from 2017 to 2020. Ben was a chapter editor for the Fourth Edition of the ABA’s respected treatise Employee Benefits Law, and for several Cumulative Supplements of the same treatise. He recently became a treatise Senior Editor. Ben also speaks regularly before national and local audiences on employee benefits, ethics and other matters.

Ben is a member of the AFL-CIO Union Lawyers Alliance, and a Fellow of the American College of Employee Benefits Counsel and of the American Bar Foundation. He graduated from Harvard Law School cum laude, served as a law clerk to the late Chief Judge John F. Gerry of the United States District Court for the District of New Jersey, and as Legislative Counsel to U.S. Representative Peter H. Kostmayer (D-PA).