ERISA (Employee Retirement Income Security Act)

The McCormack Firm, LLC provides counseling and litigation services to a variety of entities and individuals on matters arising under the Employee Retirement Income Security Act (ERISA). These may involve plan administrators, plan sponsors, insurers, or investment companies, and concern:

  • Employee benefits
  • Health Insurance plans
  • Disability Insurance plans
  • Life Insurance plans
  • Retirement benefit plans
  • 401(k) plans
  • Employee stock ownership plans
  • Profit sharing and defined contribution plans
  • Claims seeking benefits
  • Claims for breach of fiduciary duty
  • Claims for restitution, rights of reimbursement, and statutory penalties
  • Pension plans

Stephen Rosenberg heads the firm's ERISA and insurance coverage practices and is the author of the Boston ERISA and Insurance Litigation Blog

Representative cases

  • Prevailed at First Circuit on behalf of two Fortune 100 corporations in benefits dispute arising out of company's nationwide employee benefits plan.
  • Represented a third party administrator of multiple employee benefit plans in a multimillion-dollar breach of fiduciary duty lawsuit.
  • Defeated claim before the MCAD that an employee benefit plan illegally discriminated between benefits for mental health conditions and benefits for other conditions.
  • In case of first impression in the First Circuit, obtained dismissal of claims against former plan administrator on the theory that section 502 of ERISA cannot be enforced against a former plan administrator.
  • Obtained summary judgment in multiple cases on whether a former employee continued to qualify for benefits under terms of a benefit plan.
  • Negotiated resolution of pension overpayment claims under qualified and non-qualified plans.
  • Investigated valuation issues related to employee stock ownership plan and possible fiduciary breaches.
  • Class action defense of 401(k) plan dispute.

Serving institutional and individual clients since 1981

Call The McCormack Firm, LLC at 617-951-2929 or contact us online today.

Contact Info

The McCormack Firm, LLC
Attorneys at Law

One International Place, 7th Floor
Boston, MA 02110

Phone: 617-951-2929
Fax: 617-951-2672

What's New

  • Joseph Aronson is now providing mediation and arbitration services. To schedule a mediation or arbitration, please call (617) 951-2929 or email mediations@mccormackfirm.com.
  • The Boston ERISA and Insurance Litigation Blog, authored and published by McCormack Firm partner Stephen Rosenberg, has been selected as one of LexisNexis' Top Insurance Law Blogs for 2011. This is the third year in a row Mr. Rosenberg's blog has been honored by LexisNexis. True to its name, the blog covers developments in the law governing ERISA and insurance disputes, and includes detailed commentary on major pieces of litigation in these fields. Clicking on this link will bring you to LexisNexis' announcement of the award, and clicking here will bring you to the Boston ERISA and Insurance Litigation Blog. http://www.lexisnexis.com/community/insurancelaw/blogs/topblogs/archive/2011/11/11/the-winners-the-insurance-law-community-top-blogs-for-2011.aspx http://www.bostonerisalaw.com
  • On November 3, 2011, Attorney John Lacey was guest speaker at the Boston Bar Association's "Brown Bag Lunch" Series where he discussed pending Federal legislation in the area of data privacy and data breach notification. The event was well attended and well received by members of the Bar. For more information, please see https://www.bostonbar.org/membership/events/event-details?ID=8110
  • On October 26, 2011, the United States Court of Appeals For the First Circuit issued its written opinion affirming a defense verdict obtained by Robert La Hait on behalf of Stonebridge Life Insurance Company. The preceding jury trial had involved a dispute over whether the plaintiff was entitled to the death benefits payable under three accidental death policies as a result of the named insured's death. After three days of trial, including testimony by experts for each side, the jury found in favor of Stonebridge.
  • On May 10, 2011, Attorney John Lacey was a guest on Legal Talk Network's program, Lawyer2Lawyer hosted by Craig Williams and Bob Ambrogi. The Topic was the recent massive data breach at Sony Corporation.
    Listen to the show here…

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