We represent multiemployer pension plans in assessing and collecting withdrawal liability. The stakes are often high due to the complex and highly technical nature of the governing statutory framework and because withdrawal liability often involves high dollar claims.
Our experience includes advising trustees about when to assess withdrawal liability, responding to information requests from employers, and handling arbitrations and civil litigation against employers that refuse to satisfy their withdrawal liability obligations to the plans.
Below is a list of illustrative matters we have handled involving withdrawal liability:
- counsel to multiemployer pension plan in withdrawal liability arbitration hearings where employer challenged the assessment made by the plan trustees;
- counsel to multiemployer pension plan in United States District Court case against withdrawn employer that defaulted on their withdrawal liability obligations;
- counsel to multiemployer pension plan in a Bankruptcy Court adversary proceeding to recover assets fraudulent transferred from withdrawal liability payments;
- counsel to multiemployer pension plan with respect to Bankruptcy Court administrative expense claim for post-petition withdrawal liability; and
- counsel to multiemployer pension plan in negotiations with employer about the disclosure of information related to withdrawal liability determinations.