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Overview

Our attorneys represent clients in state and federal courts and before administrative agencies on a regular basis regarding a variety of ERISA, disability and leave issues, and regularly consult with clients regarding compliance in these areas to avoid litigation where possible. 

The specific types of claims we litigate on behalf of employers in these areas include interference and retaliation claims arising under the federal Family and Medical Leave Act; retaliation and benefits-related claims under ERISA; failure-to-accommodate and discrimination claims under the Americans with Disabilities Act; and similar claims arising under local and state law.

Experience

Below is a representative sample of the types of services we provide clients in connection with ERISA, Disability and Leave Laws:

We represent private sector clients, primarily in federal court, with respect to a variety of issues arising under the Employment Retirement Income Security Act of 1974 (“ERISA”).  These matters include withdrawal liability, multiemployer plan contribution disputes, benefit disputes, fiduciary obligations, including under Employer Stock Ownership Plans (“ESOP's”), Department of Labor and Fringe Benefit audits, and COBRA and HIPAA disputes.

Representation of public and private sector clients before various governmental agencies, including the EEOC, Illinois Department of Human Rights, Illinois Human Rights Commission, Cook County Human Rights Commission and the Chicago Commission on Human Relations regarding leave entitlements and disability claims arising under the Americans with Disabilities Act, the Illinois Human Rights Act and other local ordinances.  This includes the preparation of position statements and submission of responsive materials to the agency, as well as contested hearings.

Representation of public sector clients in state and federal courts throughout Illinois regarding disputes involving leave and disability claims, including before Federal District and Appellate Courts and the Illinois Circuit, Appellate and Supreme Courts.

Representation of private sector clients in similar disputes before state and federal courts.

Representing clients in alternative dispute methods to resolve ERISA, leave and disability matters in both court supervised and/or private mediation, as well as in arbitration proceedings.

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