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ERISA Benefits Litigation Answer Book (2013 Edition)

 
Author(s): Craig C. Martin, Amanda S. Amert
Practice Area: Employee Benefits, Litigation
Date: Apr 2013 i Other versions can be found in the Related Items tab.
ISBN: 9781402417047
PLI Item #: 36141

ERISA Benefits Litigation Answer Book provides a comprehensive overview, in question and answer format, of the various causes of action the Employee Retirement Income Security Act provides to remedy violations of the statute, enforce the terms of a benefit plan, or provide other relief to a plan, its participants or its fiduciaries. [PLI1] 

Written by a team of authors with many years of ERISA litigation experience, and filled with practical illustrations and tips, ERISA Benefits Litigation Answer Book describes the legal requirements of, defenses to, and unique aspects of litigation involving: stock drops, ESOPs, cash balance plans, prohibited transactions, 401(K) fees, recovery of benefits due under a plan, multi-employer plans, managed care plans, and discrimination and interference with benefits rights. Also covered are chapters discussing litigation of claims arising under federal common law, affirmative defenses to ERISA claims, and limitations on actions under ERISA.

Amanda Amert is chair of Jenner & Block’s ERISA Litigation Practice, member of the Complex Commercial Litigation Practice and serves on the firm’s Management Committee and as co-chair of its Women's Forum. She has a wide variety of business litigation, appellate and arbitration experience. Businesses rely on her for help with ERISA litigation and counseling, contract disputes and employment litigation.  Recognized for her substantial experience in ERISA litigation, she has represented employers in federal courts around the country at the trial and appellate levels, in both individual and class-action lawsuits, and in disputes with the US Department of Labor.

Ms. Amert's experience in business litigation ranges from contract disputes to financial industry cases to employment litigation.  For example, Ms. Amert has been part of Jenner & Block teams that have successfully obtained a dismissal of a proprietary funds lawsuit against one of the country's largest banks, defended a consulting firm against employment discrimination allegations and obtained a declaratory judgement that a large manufacturer is entitled to indeminification for potentially large environmental liabilities under the provisions of a thirty-year-old contract.

Ms. Amert's ERISA litigation experience includes representing employers and ERISA plan service providers in federal courts around the country at the trial and appellate levels, in both individual and class action lawsuits, as well as counseling clients regarding developing practices designed to avoid benefits litigation.  For example, Ms. Amert is currently representing a plan service provider in a breach of fiduciary duty class action alleging breaches of fiduciary duty in connection with individual participant investment advice in 401(k) plans.  Ms. Amert also led teams that obtained a dismissal of two separate ERISA class actions seeking increased benefits from defined benefit plans, as well as dismissal of all claims against a financial services company in a class action alleging breaches of fiduciary duties and seeking damages related to a multi-billion dollar defined benefit plan.  Ms. Amert was also part of a team of attorneys who successfully obtained a dismissal of all claims against a major public company in an ERISA stock drop lawsuit, as well as a team that obtained summary judgment for a major defense contractor in an ERISA dispute with a labor union.  Both decisions were later affirmed by appellate courts.  Ms. Amert has also represented clients with ERISA class action settlements, plan audits and investigations.  Ms. Amert writes and speaks on ERISA litigation topics and, with partner Craig C. Martin, is a co-author of PLI's ERISA Benefits Litigation Answer Book.  Ms. Amert and Mr. Martin also write a recurring ERISA litigation column that appears in the Employee Relations Law Journal. 

Law360 recognized Ms. Amert as an "MVP" in Benefits for her ERISA litigation work.  The publication previously recognized her as a “Rising Legal Star,” and as one of “five employment lawyers under the age of 40 to watch,” noting her “deep expertise in ERISA law.” Additionally, Legal 500 has ranked Ms. Amert for her work in labor and employment.


Craig C. Martin is the Chair of Jenner & Block.  In addition, Mr. Martin regularly represents clients as lead counsel in trials and appeals in state and federal courts as well as domestic and international arbitrations in a wide range of substantive legal areas.  Mr. Martin counsels boards and board committees of public and private companies and law firms on a variety of sensitive and complicated matters including ethical code of conduct issues.  Mr. Martin also conducts board and management driven investigations involving various subjects domestically and internationally.

Mr. Martin frequently speaks and writes on a variety of business and legal topics.  Consistently recognized as a leader in the legal, business and civic communities, Chicago Magazine listed him in the “Power 100,” a list of the city’s most powerful people.  Crain’s Chicago Business Magazine includes him among the “Who’s Who” in Chicago civic, professional and cultural leaders.  The Chambers Guide includes Mr. Martin in its ranks, writing that clients report he is “truly a courtroom to boardroom lawyer,” a “great trial lawyer,” “very skilled,” and “juries love him.”  Leading Lawyers Network, the Best Lawyers in America Guide, and the Lawdragon 500 Leading Lawyers in America Guide also include Mr. Martin among the highest ranked litigators.

Mr. Martin serves on the Boards of the Lyric Opera of Chicago, the Ann & Robert H. Lurie Children’s Hospital of Chicago, the Crown Family Philanthropies, the Urban League of Chicago and the University of Chicago Law School Visiting Committee.  He is also a member of the Civic Committee, the Commercial Club of Chicago, and the Economic Club of Chicago.  For nearly two decades, he was a member of the Corporate Board of Directors of the Boys and Girls Clubs of Chicago, including serving as secretary, vice-chairman and, most recently, as chairman from 2011-2014.  For nearly a decade, Mr. Martin served on the Illinois Supreme Court Committee on Character and Fitness.  He received the Judge Learned Hand Human Relations Award from the American Jewish Committee for his extraordinary professional accomplishments and dedication to philanthropic and civic endeavors. 

Mr. Martin attended Harvard Law School, receiving his J.D. in 1988.  While there, he was a member of the Harvard Legal Aid Bureau.  Before attending Harvard Law School, he received his B.A., magna cum laude, in 1985 from the University of Notre Dame, where he studied economics, government and international relations.