ERISA Litigation

We have an extensive and successful litigation track record in state and federal courts at the trial and appellate levels. Our success and recognition in benefits litigation is due to our unique blend of excellent civil litigation skills and in-depth substantive knowledge of ERISA, employee benefits and executive compensation law. Our firm has successfully handled numerous benefit disputes, and we have contributed to the law interpreting ERISA by our involvement in several well known precedent setting cases dealing with issues of first impression.

Since employee benefit issues are germane to most employment related cases, we are also hired frequently to represent clients in employment discrimination and wrongful termination claims. Due to our reputation for successful outcomes and professional integrity, Janich Law Group is retained by other law firms to serve as special benefits litigation counsel, and frequently serves as a mediator or arbitrator in benefits related disputes. We are also sought to testify as expert witnesses in benefits and employment cases.

We have extensive experience handling ERISA, employee benefits and executive compensation claims dealing with:

Breach of fiduciary duty under ERISA;

ERISA plan reporting and disclosure obligations;

Retirement plan distributions including early retirement benefits;

Plan interpretation including medical coverage;

Withdrawal liability;

ERISA preemption issues;

COBRA related issues;

ERISA plan amendments and terminations;

Discrimination;

Delinquency claims;

Retiree welfare benefits;

Executive compensation benefits;

Equity compensation disputes including stock options;

Severance plan benefits.

We work hard to resolve disputes before resorting to courts, mediators or arbitrators for redress, since we believe that whenever feasible, our clients' interests are best served by avoiding the expense and potential risks that are involved in the adversarial process. Due to our concerted efforts, we have consistently obtained numerous advantageous pretrial settlements. In situations where settlement is not achieveable, we develop effective litigation strategies designed to put our clients in the best position at a hearing or trial.

The firm is a member of and participates in activities of the American Bar Association Labor & Employment Law Section, Employee Benefits Committee. Daniel N. Janich is the current co-chair of the Reporting and Disclosure Subcommittee, which is responsible for tracking and reporting case law developments relating to ERISA's reporting and disclosure provisions. He is associate senior editor to the widely recognized treatise, Employee Benefits Law, and chapter contributor to ERISA Litigation, a legal treatise on the handling of all aspects of employee benefits disputes.

Representative Pretrial Settlements

Discrimination Claim - Our client, a major consumer products company, was being threatened with litigation by its former CFO on the grounds that the company had discriminated against her both in employment and with regard to her executive compensation package. One of our client's major concerns was the potential negative publicity that would ensue in the event of a lawsuit, while at the same time not wanting to create an adverse precedent situation. Given our unique perspective having represented both corporations and executives in negotiations, we were able to facilitate an amicable confidential settlement without recourse to litigation, thus fulfilling our client's primary objective.

Breach of Fiduciary Duty - Our clients, members of the board of directors of a mid size high tech company were advised that they were facing a lawsuit for breach of fiduciary duty and conspiracy instituted by several of the company's former executives in connection with the manner in which their benefits were being administered. After a thorough investigation of the potential plaintiffs' claims, we concluded that these individuals had an erroneous interpretation of the applicable case law and as such their claims were not meritorious. We informed opposing counsel of our findings and the threatened action was subsequently dropped.

Failure to Comply with ERISA's Reporting and Disclosure Requirements - Our client, a manufacturing company, informed us that one of its former employees was threatening a lawsuit on the basis that he had failed to qualify for health insurance under the company's health care benefit plan because the company had not provided him with the proper COBRA notification forms. Our investigation revealed that the employee in question had moved immediately after having been terminated and had not provided his former employer with his new forwarding address. As such, we advised his legal counsel of our findings and no further action was taken.

Employee Benefits Cases

The following is a list of employee benefits cases handled by the firm. Reported cases include case citations.

Beach v. Commonwealth Edison Co., 2003 WL 22287353, 31 EB Cases 1437 (N.D. Ill.), October 2, 2003; 2002 WL 1827627, 28 EB Cases 2298, August 8, 2002 - enhanced retirement benefits claim; resolved at trial.

Local 705 v. Burlington Northern Santa Fe - MEPPA withdrawal liability claim; settled at arbitration.

Garratt v. Knowles, 245 F.3d 941, 25 EB Cases 2356, Pens. Plan Guide (CCH) P23,969V, (7th Cir. 2001)- claim for benefits under supplemental executive retirement plan; resolved by summary judgment.

Guzman v. Commonwealth Edison Co., No. 99 C 582, 2000 WL 1898846 (N.D., Ill.), December 28, 2000 - attempted post-death entry of QDRO; resolved by dismissal.

Integrated Health Services at Brentwood, Inc. v. Commonwealth Edison, 1999 WL 1256255 (N.D., Ill.), December 20, 1999 - ERISA subrogation claim by health service provider; resolved by dismissal.

Sofo v. Pan-American Life Ins. Co., 13 F.3d 239, 27 Fed. R. Serv.3d 1186, Pens. Plan Guide (CCH) P23891P (7th Cir. 1994)- medical insurance claim involving an ERISA governed health care benefit plan; resolved on appeal.

Fox Valley & Vicinity Const. Workers Pension Fund v. Brown, 897 F.2d 275, 58 USLW 2550, 12 EB Cases 1097 (7th Cir. 1990) (en banc)- spousal waiver of ERISA governed retirement benefits; resolved on appeal.

Bees v. Commonwealth Edison Co. - severance plan benefits claim; resolved by summary judgment.

Lunn v. Montgomery Ward & Co. Incorporated Retirement Security Plan - defined benefit plan formula; settled.

Pinsky v. Whirlpool Financial Corporation - severance benefits claim; resolved at trial

Short v. Ryobi - class action retiree medical plan claim; settled.

Gentry v. American Stores, Inc. - unfunded deferred compensation claim; resolved by summary judgment.

Smith v. A&M Construction - MEPPA delinquency claim; settled.