Overview
We regularly represent and provide counsel to pension plan clients regarding litigation, and threatened litigation against, and on occasion by, them. Those matters include, without limitation, alleged breach of fiduciary duty, benefits and disability retirement disputes, actuarial funding challenges, pension administration software disputes, Public Records Act demands, open meeting law compliance demands, real estate disputes and general contract matters.
In addition to matters specific to pension plans, our litigators handle a wide variety of investment and other business lawsuits of the type they might face, on behalf of other public agency clients. In the investment arena, our attorneys are familiar with the issues that arise from advisor mismanagement, workouts and bankruptcies. We work closely with asset managers and property managers to bring matters to a successful conclusion.
We understand the fiduciary issues that guide pension plans in their litigation as in other aspects of their operations. We advise in ways that aim to keep plans out of litigation and also to provide the greatest likelihood of success should they nevertheless be sued. We have successfully defended retirement plans and their boards in three cases that we unanimously decided in favor of the boards in the California Supreme Court, over a dozen cases in courts of appeal and numerous trial court cases that were never appealed
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