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ERISA & Employee Benefits

Our Team Helps Clients Navigate The Complex World of ERISA Claims and Rules.

Fabian VanCott has a robust and experienced ERISA (Employment Retirement Income Security Act) practice group that focuses on defending claims for life, health, and disability benefits. This includes claims for benefits, penalties, breach of fiduciary duty, declaratory judgment, and other civil causes of action under ERISA’s enforcement mechanism.

Fabian VanCott’s ERISA team has decades of experience in both state and federal court and at both the district court and appellate court levels including class action and single-plaintiff lawsuits. Several of our attorneys spend the majority of their practice defending plans, insurers, employers, and fiduciaries in a variety of ERISA claims as well as advising plan and claims administrators in their fiduciary duties, proper claims administration, and plan establishment.

Our attorneys have defended plans, plan sponsors, administrators, fiduciaries, and other entities in lawsuits focused on benefits, fiduciary duties, and penalty claims. They have successfully argued numerous ERISA and non-ERISA benefit cases before various United States district courts, the United States Tenth Circuit Court of Appeals, the Utah Supreme Court, and in arbitration. And our attorneys are particularly on the forefront of litigation involving the Mental Health Parity and Addiction Equity Act (Parity Act or MHPAEA) and the cross-over between ERISA and the Parity Act.

Fabian VanCott attorneys have also co-authored the biannual 10th Circuit chapter in the American Bar Association publication, “ERISA Survey of Federal Courts,” for the last ten years running. They regularly advise employers on their ERISA obligations in light of both insured and self-funded plans providing life, health, and disability benefits to their employees and give seminars to other lawyers seeking continuing education on legal issues.

Fabian VanCott also assists clients in preparing employment agreements, severance arrangements, deferred compensation plans, supplemental executive retirement plans, and equity-based compensation arrangements for executives.

Meet our team of talented ERISA and Employment attorneys below.