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Roland G. Simpson, A Law Corporation

Nationwide representation of employee benefit plans, plan fiduciaries, employers that sponsor benefit plans and their executives

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FAQs

Q.      What is an “ERISA Attorney?”

A.      At www.erisaattorney.com, Roland G. Simpson, A Law Corporation represents exclusively:

  •  Benefit plans; e.g., retirement,  health, disability, death, single or multi-employer; 

  • Benefit plan fiduciaries; e.g., trustees, administrative committees, investment advisors;

 

  • Businesses that sponsor benefit plans; e.g., corporations, partnerships;

 

  • C-level executives;  e.g ., chief executive, financial, legal, information/technology officers; and

 

  • independent directors of corporations in all matters relating to ERISA plans and executive compensation.

Q.
      What do you mean by “all matters relating to ERISA plans and executive compensation?”  Doesn’t an “ERISA attorney” just deal with the Internal Revenue Service and the U.S. Department of Labor?

A.      Roland G. Simpson, the principal attorney of Roland G. Simpson, A Law Corporation, has handled virtually any legal matter relating to benefit plans for more than forty years.  For example, Roland G. Simpson has:

  • filed one of the first pre-merger notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 on behalf of a benefit plan that held over 25% of its sponsoring employer’s stock

  • filed one of the first pre-merger notifications under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 on behalf of a benefit plan that held over 25% of its sponsoring employer’s stock

  • counseled benefit plans in their development of “exclusive provider organizations” regulated under the California Insurance Code and by the California Insurance Commissioner.   (An EPO is not an HMO.  HMOs are regulated by the California Department of Managed Health Care, not the California Department of Insurance.)

Q.      Do ERISA attorneys go to court?  Why?  What difference does it make? 

 

A.      Roland G. Simpson has appeared in federal court since 1981 beginning with the representation of multi-employer trust funds and contributing employers with respect to the collection of withdrawal liability arising under the Multi-employer Pension Plan Amendments Act of 1980.  Since then, Roland G. Simpson has defended racial and age discrimination claims involving benefit plans, as mentioned above, and claims for benefits.  The separate engagement of ERISA attorneys early in the benefit claims process has become vitally important since the 2008 opinion of the Supreme Court of the United States in Metropolitan Life Ins. Co. v. Glenn, 552 US 105 (2008), 128 S. Ct. 2343, 171 L.Ed.2d 299 which holds that there is a clear conflict of interest “where it is the employer that both funds the plan and evaluates the claims.”

 

Federal judges have asked us directly in open court when a benefit plan has retained us in order to determine when, and the degree to which, the clear conflict of interest has been addressed by the fiduciaries evaluating the claim.  For an example of the unfortunate consequences of joint representation of the employer, the plan and its fiduciaries, see Schultz v. Stoner, 46 Employee Benefits Cas. (BNA) 2337, 2342 (S.D.N.Y 2009)

 

Q.      I want to sue my employer, my plan and the insurance company.  Will you represent me?

 

A.      Roland G. Simpson, A Law Corporation represents exclusively benefit plans, their fiduciaries and the employers that sponsor employee benefit plans.  Roland G. Simpson, A Law Corporation does not represent individuals  except: 

 

  • Individuals acting as fiduciaries of benefit plans, such as individuals serving as benefit plan trustees, administrators or investment advisors; and


  • C-level executives with respect to their compensation and employment agreements and independent directors of corporations.

In addition, we do not represent plaintiffs unless the complaint is on behalf of a business or fiduciary AND related to a benefit plan; e.g. a trustee suing an investment advisor for losses, or an employer suing a trust fund in connection with collection of withdrawal liability.

Q.      I understand you, generally, do not represent someone who wants to make a claim for benefits. I just want to talk to you about my case.  May I e-mail you or call you?

 

A.      There are ethical concerns regarding “informal” discussions about a potential complaint, not the least of which is the possibility you may be considering action against an employer or plan that Roland G. Simpson, A Law Corporation represents.  Accordingly, any e-mail or telephone inquiry regarding a complaint against an employer, benefit plan or fiduciary will generally receive a reply reciting the content of the previous question and answer followed up, in writing, to the extent you have supplied an address to which we can confirm our response.


601 South Figueroa Street, Suite 4050

Los Angeles, California 90017-5879

(213) 596-0918 (telephone)

(213) 596-0919 (facsimile)

rolandsimpson@erisaattorney.com (e-mail)

rsimpson@erisacounsel.com (e-mail)