Recently, the United States District Court for the Western District of Pennsylvania granted a Motion to Dismiss, dismissing ERISA breach of fiduciary duty claims based on excessive recordkeeping fee allegations. The district court addressed the level of detail plaintiffs must provide to move an ERISA breach of fiduciary duty recordkeeping fee allegation from possible to
Lauren Hope Whiting is an associate in the Austin, Texas, office of Jackson Lewis P.C. Her practice focuses on representing employers in workplace law matters, including policy and procedures audits, and preventive advice and counseling. She has litigated federal and state cases involving equal employment opportunity claims under Title VII, Section 1981, the Americans with Disabilities Act, and the Family and Medical Leave Act. Lauren has represented employers in a multitude of employment-related matters, including restrictive covenant and unfair competition cases. In addition, she has an active ERISA litigation practice, defending both single plaintiff and class action matters involving claims for breach of fiduciary duty and for benefits as well as ERISA Section 510 claims.
Lauren graduated with Honors from the University of Texas at Austin and moved to New York City, where she worked in corporate sales for a nationwide telecom provider until she attended New York Law School. While at NYLS, Lauren clerked in the Bronx Family Court and Kings County Civil Court, and also worked with a boutique firm handling contract negotiation and corporate licensing agreements for small businesses.
After graduating cum laude from NYLS, Lauren returned to Texas and developed her litigation practice across Texas courts and before administrative agencies including the Texas Department of Insurance, Department of Workers’ Compensation, Social Security Administration, and Texas Workforce Commission. She has extensive experience defending insurance companies and employers in various disputes including workers’ compensation, safety and injury reporting compliance, discrimination claims, and wrongful termination cases. Lauren has also advised employers on proper return to work strategies, reasonable accommodations, and developing best practices for employee management.