We have broad experience relating to retirement and health plans and represent clients throughout the country on ERISA-related matters.  We have represented plan participants, employers, plan sponsors, medical providers, and service providers with regard to litigation, drafting plan documents, and government investigations.

We represent apprenticeship and training programs throughout the United States on a variety of ERISA compliance and regulatory matters.  We have also worked with a wide variety of retirement plans, including defined contribution plans (e.g., 401(k) plans, employee stock ownership plans, etc.) and defined benefit plans. We provide advice relating single-employer plans, multiemployer plans, master and prototype plans, as well as governmental retirement plans.

In addition to advising plan sponsors and participants, we advise trustees, third party administrators, and other service providers on retirement plan issues. We counsel clients on plan design, service provider agreements, regulatory compliance, and fiduciary duties. We also represent clients with respect to Department of Labor investigations.

With regard to health and welfare plans, we provide advice regarding issues associated with general plan administration, funding mechanisms, and plan amendments. We have transactional and litigation experience relating to both self-funded and fully insured plans.

We also represent clients in disputes involving a wide variety of ERISA litigation matters.  Such matters include class actions involving thousands of class members, claims for benefits, breaches of fiduciary duty, and issues relating to plan administration.   

We have represented plaintiffs, defendants, and third parties in various judicial forums, including in trial, arbitration, and mediation settings.  Our attorneys have appeared as counsel in California, Alabama, Arizona, Massachusetts, Minnesota, Nevada, New Jersey, New York, Ohio, Texas, and West Virginia.

We draw upon the depth and breadth of our experience to develop effective litigation strategies to achieve our clients’ objectives. While we aggressively pursue our clients’ goals, we understand the costs of litigation and our strategies consider the cost and benefits to our clients.

Recently, we achieved favorable summary judgment order in Bernadette Paine v. Investment and Administrative Committee of The Walt Disney Company Sponsored Qualified Benefit Plans and Key Employees Deferred Compensation and Retirement Plan, et al. in the United States District Court for the Central District of California, an action that included claims for benefits fiduciary breach under ERISA.

Also, we recently achieved monetary settlement and obtained significant injunctive relief in class action Essila, et al. v. Paradise Irrigation District, et al. in Butte County Superior Court involving issues relating to a public retirement plan, including fiduciary breach.  In the Court’s Order granting Final Approval of Settlement, the Court acknowledged “the excellent result achieved and the outstanding quality of representation of Settlement Class Counsel.”

Joseph A. Garofolo, a founding partner, achieved decisions that have established precedent in the Ninth Circuit in Spinedex Physical Therapy USA Inc. v. United Healthcare of Ariz., Inc., 770 F.3d 1282 (9th Cir. 2014) and Cyr v. Reliance Standard Life Insurance Company, 642 F.3d 1202 (9th Cir. 2011).

Joe received a 2012 California Lawyer Attorneys of the Year (CLAY) Award by California Lawyer magazine with respect to his work on an ERISA case that created legal precedent.  CLAY Awards recognize attorneys throughout the State of California who have profoundly impacted the law.  Joe often testifies as an expert with respect to issues of ERISA compliance and gives presentations to people across the nation on ERISA matters, including fiduciary obligations.

Joseph Garofolo and Craig Ramsdell have been recognized by Super Lawyers Magazine as Super Lawyers in the area of employee benefits for the past several years.