Effective and Focused Risk Management

Thank you for visiting my website.

I am pleased to offer expert ERISA consulting services in the following areas:

I have worked with many types of organizations and individuals by assisting them in successfully resolving employee benefit (ERISA) disputes through mediation or preferably, by helping to identify potential conflicts before they adversely affect the productivity of the workplace or project team, or give rise to damaging lawsuits. Even when a lawsuit is not imminent, the potential for costly claims, appeals and requests for complex and confidential information is greater than it ever has in the last twenty years. The recent Supreme Court's decision in LaRue v. DeWolff, Boberg & Associates, Inc., (___ U.S. ___, 2008 U.S. LEXIS 2014) underscores the risks and liability involved. In the case of benefit plan administration, prevention strategy and risk management are especially critical since the personal liability of fiduciaries is at stake. Because I work as a neutral and not an advocate, my services are sought out by such diverse groups as:

  • Employers
  • Unions
  • Trustees of multiemployer plans
  • Single employer plan sponsors
  • Fiduciaries of employee benefit plans
  • Attorneys
  • Actuaries
  • Accountants
  • Third-Party Administrators (“TPAs”)

I am able to successfully work through complex and thorny issues with these very distinct groups, drawing upon my technical skill, many years of practical experience and respectful demeanor toward all parties. My use of active listening techniques and the promise of maximum confidentiality enables the individual to feel at ease with me and initiates a feeling of mutual trust, the cornerstone of any successful relationship.

Technical Knowledge

There are many attorneys who may be outstanding mediators but lack the substance of knowledge of the laws pertaining to ERISA, COBRA, or HIPAA. I am pleased to offer my services as a co-mediator in such cases in order to assure a very high level of expertise that is necessary to ensure that all parties will be given a fair and intelligent hearing, and neither side will be compromised by a misinterpretation of the law, regulations, or plan documentation.

Employee Benefits Law Mediation and Conflict Management

I have extensive experience in consulting on and mediating issues relating to:

  • Voluntary early retirement plans
  • 401(k) investment disputes including ERISA 404(c) plans
  • Sarbanes-Oxley and director liability issues
  • Qualified Domestic Relations Orders (“QDROs”), which may be a part of divorce settlements
  • Claims and Appeals under qualified and non-qualified benefit plans
  • COBRA disputes, including notification issues
  • Qualified Joint and Survivor matters, including disputes over spouse, former spouse, and beneficiary entitlement
  • Conflicts between Summary Plan Descriptions (“SPDs”), plan communications and Plan documents

All consulting, auditing, and mediation services are performed with the assurance of maximum confidentiality. I prefer to work with in-house counsel or the plan's counsel in attempting to maintain the highest level of confidentiality, and asserting attorney-client privilege as appropriate.

I am experienced, focused, and effective. To inquire about the value of my services, please contact me through this website or by phone, 415 517 2221.