Employee Benefits & Executive Compensation Blog

The View from Proskauer on Developments in the World of Employee Benefits, Executive Compensation & ERISA Litigation

Howard Shapiro

Howard Shapiro

Partner

Howard Shapiro is a partner in the Employee Benefits & Executive Compensation Group. He is a nationally known ERISA litigator, listed by The National Law Journal as one of the Top 40 Benefits Lawyers in the country in the category of litigators representing management. He is ranked in the first tier of ERISA litigators by Chambers USA, which commends him as "a top class national player" with an "excellent practice with both breadth and depth." He has been listed in The Best Lawyers in America since 1997, where he is one of few lawyers listed in two separate categories: ERISA and Labor/Employment.

Howard's national ERISA litigation practice has focused on defending matters raising sophisticated preemption issues; fiduciary issues; fiduciary misrepresentation claims; ESOP litigation issues; 401(k) plan issues; blackout period cases; plan asset diversification issues; prohibited transaction allegations; directed trustee issues; cash balance cases; independent contractor litigation; "serious consideration" cases; retiree rights litigation; severance pay cases; executive compensation/"top hat" litigation; Section 510 cases; benefit claims cases; ERISA class actions; and class-wide challenges to health plans that do not offer contraception benefits. He has appeared in federal courts from coast to coast, maintaining an active national ERISA litigation practice.

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First Post-Windsor ERISA Decision

In the first reported ERISA decision post-Windsor, the U.S District Court for the Eastern District of Pennsylvania held (in Cozen O’Connor, P.C. v. Jennifer Tobits) that a same-sex spouse is to be treated as the decedent’s lawful spouse for purposes of entitlement to death benefits under a retirement plan. In reaching its decision, the court … Continue Reading
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