Representative Matters, Litigation, Litigation Employment – Kubasiak, Fylstra, Thorpe & Rotunno

The firm represents a group of former employees of a publicly traded corporation regarding a corporate reorganization resulting in a partial termination of its retirement plan. Procedural issues relating to this matter have been briefed by the firm and considered by the U.S. Supreme Court. Key issues to be decided are which participants in the retirement plan are to be counted in determining whether a partial termination has occurred as well as whether termination can be measured over multiple plan years.
The firm represented a director of a publicly-held corporation and a partnership which held a substantial ownership interest in that publicly-held corporation in two multi-million dollar claims brought against them for withdrawal liability under ERISA. Although the withdrawal liability statute is one of strict liability, the firm was successful in getting both federal courts to dismiss the claims on statute of limitations grounds. These decisions were consolidated in appeals before the Seventh Circuit Court of Appeals and affirmed. They are considered important decisions in the field and often cited.
The firm is representing a manufacturer and distributor in a challenge by the Illinois Department of Employment Security over whether the company's drivers are employees or independent contractors.
The firm regularly advises employers and employees in matters involving restrictive covenants, and represents them in litigation when needed. Such litigation frequently involves requested emergency injunctive relief and expedited discovery.



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	back to >> Litigation page >> Representative Matters Litigation Employment The firm represents a group of former employees of a publicly traded corporation regarding a corporate reorganization resulting in a partial termination of its retirement plan. Procedural issues relating to this matter have been briefed by the firm and considered by the U.S. Supreme Court. Key issues to be decided are which participants in the retirement plan are to be counted in determining whether a partial termination has occurred as well as whether termination can be measured over multiple plan years. The firm represented a director of a publicly-held corporation and a partnership which held a substantial ownership interest in that publicly-held corporation in two multi-million dollar claims brought against them for withdrawal liability under ERISA. Although the withdrawal liability statute is one of strict liability, the firm was successful in getting both federal courts to dismiss the claims on statute of limitations grounds. These decisions were consolidated in appeals before the Seventh Circuit Court of Appeals and affirmed. They are considered important decisions in the field and often cited. The firm is representing a manufacturer and distributor in a challenge by the Illinois Department of Employment Security over whether the company's drivers are employees or independent contractors. The firm regularly advises employers and employees in matters involving restrictive covenants, and represents them in litigation when needed. Such litigation frequently involves requested emergency injunctive relief and expedited discovery.



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