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North America - United States • Labor and employment

Proskauer Rose LLP

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Primarily New York-headquartered with a broad national scope, Proskauer Rose LLP boasts a full-service ERISA offering, spanning ERISA class and individual lawsuits, employee benefit claims, amicus briefs and DOL investigations. The team is led by the considerable expertise of Myron Rumeld, regarded by many as a leading figure in ERISA civil litigation, along with Russell Hirschhorn, who has represented several high value plan fiduciaries, trustees, sponsors and service providers from a wide range of sectors including technology, entertainment, and financial services. They are joined by Joseph Clark, also operating from New York, and specializing in claims relating to fiduciary responsibilities and withdrawal liabilities. New York-based, Neil Shah serves as the lead for Taft-Hartley plan clients in withdrawal liability and delinquent contributions matters. Tulio Chirinos left the firm.

Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

  • ‘Russell Hirschhorn consistently places an emphasis on keeping us informed of every aspect of the present litigation.’

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Key clients

  • Wells Fargo & Company
  • Xerox Corporation
  • National Basketball Association
  • MetLife
  • Intel Corporation
  • Bessemer Trust Co.
  • Baystate Health Inc.
  • Otis Worldwide Corp.
  • Robert Goldfarb
  • The Board of Trustees of the Employee Benefit Funds of Heat & Frost Insulators Local 12
  • Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) Health Plan
  • Trustees of the IAM National Pension Fund (M&K Employee Solutions, LLC; Ohio Magnetics, Inc.; Toyota Logistics Services, Inc.; Phillips Liquidating Trust)
  • Trustees of the IAM National Pension Fund (American Brass & Iron;BAE Systems, Inc.; Co-Operative Plating Co.; Electrolux Home Products, Inc.; Hydro-Conduit Corporation dba Rinker Materials; Ramcel Precision Stamping and Manufacturing LLC; StrippIt, Inc.; Triumph Composite Systems, Inc.)
  • IBT Local 854 Pension Fund - Jofaz Transportation Inc.
  • Hughes Hubbard & Reed LLP – Dabney
  • American Benefits Council, ERISA Industry Committee, American Retirement Association, Council on Investment of Employee Benefit Assets – BlackRock Target Date Fund Litigations

Work highlights

  • Representing Wells Fargo & Company and others in a putative class action related to its 401(k) Plan that has more than 50bn in assets and more than 325,000 participants.
  • Representing MetLife in a putative class action alleging cutting-edge claims that retirement plans use antiquated group annuity mortality tables to convert plan participants’ accrued benefits.
  • Representing the SAG-AFTRA Health Plan and its Trustees in a high-profile lawsuit brought by the late Ed Asner.  

Lawyers

Hall of fame

The lawyers at the very top of the profession, widely known and respected by peers and clients for their longstanding involvement in market-leading work.

Myron Rumeld

Myron Rumeld

Work highlightsProskauer Rose LLP

Myron D. Rumeld has over thirty-five years of experience handling all aspects of ERISA litigation at both the trial and appellate level. His broad experience includes numerous representations of 401(k) plan fiduciaries defending class action employer stock and excessive fee claims, and representations of large multiemployer pension and health fund trustees in the defense of a large assortment of fiduciary breach lawsuits. He has defended class action suits against Charles Schwab, Barnabas Health, Inc., Neuberger Berman, and the American Federation of Musicians Pension Fund, among many other clients; and he has tried cases for The Renco Group and Foot Locker, Inc., among others. Myron is presently co-chair of Proskauer’s ERISA Litigation Group. He previously served as co-chair of Proskauer’s nationally renowned Employee Benefits & Executive Compensation Group. He also served as the past co-chairman of the Board of Editors for the American Bar Association publication, Employee Benefits Law (BBNA).

Leading partners

The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.

Russell Hirschhorn

Russell Hirschhorn

Proskauer Rose LLP

Russell L. Hirschhorn is co-head of Proskauer’s premier ERISA Litigation Group, which is a significant component of the firm’s ERISA Practice Center and globally renowned Labor and Employment Law Department. Russell’s practice focuses on employee benefits issues arising under the Employee Retirement Income Security Act of 1974 (ERISA), including class action and complex litigation, U.S. Department of Labor and Internal Revenue Service investigations, and counseling clients on best practices to avoid litigation. Russell has more than two decades of experience representing plan sponsors, fiduciaries, trustees, and service providers across the country. His work on behalf of clients has included all types of plans, including 401(k) plans, 403(b) plans, defined benefit plans, employee stock ownership plans, executive compensation plans, health and welfare plans, multiemployer plans, multiple employer plans, and severance plans. And, it has included the full gamut of claims arising under ERISA, including excessive investment and plan administration fees and investment underperformance claims; cash balance plan litigation; claims for benefits; company stock fund cases; claims for delinquent contributions; ERISA § 510 claims; ERISA statutory claims; ESOP litigation; executive compensation claims; independent contractor claims; independent fiduciary representations; multiemployer fund litigation; plan service provider claims; recoupment of plan overpayments; retiree benefits claims; severance plan claims; and withdrawal liability claims. Deeply dedicated to pro bono work, Russell has been recognized on several occasions for his commitment to pro bono work including by President George W. Bush in receiving the U.S. President’s Volunteer Service Award. His pro bono work has included serving as lead litigation counsel in several impact litigations: on behalf of social security recipients whose benefits were unlawfully suspended based on an outstanding warrant, deaf and hard of hearing prisoners in Louisiana prisons seeking disability accommodations, and Swartzentruber Amish in upstate New York to obtain religious exemptions from certain building code requirements. Russell also was a principal drafter of several amicus briefs for the Innocence Project, a legal non-profit committed to exonerating wrongly convicted people.

Practice head

The lawyer(s) leading their teams.

Myron Rumeld, Russell Hirschhorn

Other key lawyers

Joseph Clark, Neil Shah