Areas of Practice
ERISA litigation is a highly specialize area – almost exclusively in federal court – that requires a high degree of both substantive and procedural knowledge. Fiduciary breach, regulatory compliance, enforcement actions and individual benefit claims involve complex substantive issues and involve highly specialized procedural rules. We have expertise and extensive experience with all of these issues. The law in this area evolves constantly and our specialized focus allows us to stay on top of the most current trends.
The best way to handle litigation and/or audits is to make sure they never happen in the first place. Compliance advice on the front end is always a more cost effective alternative to litigation. As service provider and financial markets evolve, and the legal landscape shifts, it is always important to stay on top of the latest trends. Whether it is negotiating contracts with service providers, evaluating fees or updated plan documents, the DiCarlo Law Firm can help you stay in compliance with all aspects of your benefits program.
ERISA requires an administrative process to evaluate claims for benefits prior to litigation. Getting this process right is critical to success in subsequent litigation. A high-quality, compliant claim process is a very powerful factor in achieving good results quickly in claims litigation. On the other hand, procedural errors can significantly increase the costs of, and likelihood of success in, this type of litigation, as well as potentially invite regulatory scrutiny.