ERISA & Retirement Benefits
Private industry and public sector employees
Berman Legal provides legal representation to individuals in employee benefits matters in order to ensure that fiduciaries (employers, trustees, administrators, advisors and record keepers) entrusted with the investment, interpretation and payment of benefits have complied with applicable Department of Labor and Internal Revenue Code regulations as well as the standards guaranteed by the Employee Retirement Income Security Act of 1974 (ERISA).
Berman Legal has handled numerous ERISA cases that involve benefit “overpayment” issues, denial of benefit claims, breach of fiduciary claims, breach of fiduciary disclosure obligations, 401(k) excessive fee and unlawful benefit “cutback” claims.
Berman Legal LLC frequently represents people whose disability insurance benefits under private policies or employer-sponsored group policies have been underpaid, wrongfully terminated or denied.
Some of the most common reasons that disability insurers use to terminate benefits include a “Change in Definition” of disability from your own occupation to any occupation. Once a Change in Definition occurs, typically after 24 months, insurers often terminate disability benefits under the theory that the employee can do some job.
Other reasons insurers use to suspend or terminate benefits include that the employee’s medical condition has improved to the point he or she supposedly is no longer disabled, that an employee is working in “disqualifying” employment, that the employee has alternative sources of earnings, and even fraud or abuse. Berman Legal has successfully litigated and negotiated claim disputes with numerous major U.S. insurance companies and employers for reduction or termination of disability benefits involving these and other issues.
Short term and Long Term Disability Benefit disputes
Transactions, Development & Litigation
Berman Legal LLC provides experienced counsel to businesses, lenders and individuals in commercial, industrial and residential real estate transactions. We assist with a broad range of related matters including zoning, development and land use issues. We assist banks, mortgage companies and lending institutions in workouts and mortgage foreclosures. We represent buyers and sellers in the negotiation, preparation and review of agreements of sale for industrial, commercial and residential real estate transactions. We represent landlords and tenants in the negotiation, preparation and review of commercial and residential lease agreements. We assist builders and developers seeking subdivision or land development approvals, variances, special exceptions and conditional use applications from municipalities. We represent developers of condominium projects, purchasers and sellers of commercial and residential condominium units and condominium associations. We provide services from the inception to conclusion of construction projects, including advising on environmental issues, land use and construction permitting, negotiating and drafting contract documents as well as development and joint venture agreements. We resolve construction disputes using cost-effective means including mediation, arbitration or litigation.
Business planning and Litigation
We counsel individuals and closely held companies in the formation, acquisition and disposition of business entities, structuring multi-party transactions, defining the capital structure, economic and legal rights and relationships of owners, stockholders and employees, formulating and implementing corporate governance policies and practices, as well as conceptualizing and implementing exit and succession strategies. Additionally, we represent and serve on the board of numerous arts, charitable and nonprofit organizations, and advise such entities and their officers and directors on fiduciary duties, disclosure and reporting issues, fundraising, endowment funds and gifts, insurance matters, compensation and employment issues, and conflicts of interest. We also handle a broad spectrum of commercial litigation matters in state and Federal Court relating to intra-company business disputes (business divorces), fraud, contracts and real estate litigation, insurance claims, and injunction actions.