Practice Strengths

We fully understand the complex web of intertwining federal and state laws in which benefit and compensation plans must operate, and have significant experience guiding clients through various plan compliance issues and requirements. We provide a full range of plan administration counsel ranging from assisting clients with broad based plan design and implementation strategies to assisting with day-to-day administrative issues. We also assist clients as they face complex decisions regarding the treatment of benefits in terminations, reorganizations, acquisitions, reductions in force and other business transitions.

When executives or plan fiduciaries face litigation over their policies or stewardship, we defend their administrative actions and strategies. We have extensive experience representing clients in court and administrative proceedings involving health and welfare plans. We have defended client interests before the U.S. Department of Labor, the Internal Revenue Service, the National Labor Relations Board, the Equal Employment Opportunity Commission, and many other regulatory bodies. We also have helped many clients in recovering significant plan assets in subrogation and reimbursement claims where third parties are involved. Our lawyers have the combination of trial skill and benefits knowledge to provide effective counsel in all areas involving health and welfare plan issues.

Leadership in Action

Coordinating Benefit Plans Following Acquisitions and Spin-Offs

Companies in the merger, acquisition and spin-off mode turn to Baker Hostetler to help them analyze and integrate multiple benefit plans into a comprehensive plan design structure that complies with applicable requirements.

Client: Public Company

Type of Matter: Post-acquisition health and welfare benefit plan analysis and compliance

Our Client's Challenge: Following a series of acquisitions and spin-offs, our client had several different benefit plans for different locations with separate reporting obligations and coverage issues. We helped the client identify and plan corrective actions and integrate appropriate benefit plans.

The Goal: We shared the client's goal of bringing its health and welfare plans into compliance with ERISA, HIPAA, COBRA and other benefit plan laws. Beyond that, the client will have an integrated system of plans for future expansion.

Our Strategy: We worked with the client to consolidate several isolated and diverse health and welfare plans into comprehensive plans that covered several locations. We also reviewed and updated existing plan documents and procedures to comply with ERISA, COBRA, HIPAA, Medicare, USERRA and other health and welfare plan regulations and to provide greater flexibility with regard to future design and expansion issues.

Results: Our client now has comprehensive plans with documents and procedures that meet regulatory requirements, as well as meeting the client’s strategic and competitive needs. Communication with employees regarding benefits and their administration is significantly enhanced.

Health and Welfare Plan Counsel Experience

• Obtained bench verdict for a client in a class action by union retirees challenging changes to the client's retiree medical benefit plan.
• Reached favorable settlement in ERISA benefits claim for short and long term disabilities on behalf of numerous employers.
• Restructured all the benefits plans for 7,000 employees of our manufacturing client when it was spun off by a large multinational.
• Reached favorable settlement in subrogation claims to recover plan assets on behalf of numerous clients.
• Completed comprehensive compliance reviews of benefit programs offered by clients and provided clients with guidance regarding necessary compliance actions.

About Our Health and Welfare Benefits Team
Baker Hostetler lawyers develop integrated benefits solutions for employers of all sizes and complexity. In addition to our own in-depth experience with benefit and compensation plans and related litigation—which, for many team members includes in-house service with accounting and benefits consulting firms, as well as with corporate employers—we work closely with colleagues in the firm's nationally respected employment law and tax law practices. The result is strategic, comprehensive advice that goes far beyond the scope of boutique practices or benefits consultants.