Overview
ERISA Litigation
Kim litigates claims involving denials of life, health, disability, pension, retiree medical, and severance benefits; breaches of fiduciary duty; prohibited transactions; and ERISA Section 510 violations on behalf of plans, plan sponsors, plan fiduciaries, and third party administrators. She has defended plan fiduciaries in fiduciary breach claims alleging failure to monitor and investigate service providers and prohibited transactions. She has also successfully defended several large companies in class actions and individual claims alleging improper reduction or denial of retiree health benefits. Kim represents life insurance companies and plans in interpleader matters involving competing claims for death benefits.
Benefits Advice
Kim routinely counsels plan administrators and fiduciaries on benefit claim administration, claim review procedures, fiduciary governance, COBRA compliance and benefit plan design.
Representative Experience
- Achieved summary judgment for the subsidiary of a large manufacturing and engineering company in connection with the denial of retiree medical benefits under ERISA
- Achieved summary judgment for large food and beverage company in purported class action alleging improper reduction of retiree medical benefits
- Achieved summary judgment for numerous life, health disability, severance, and pension claim administrators and insurers in lawsuits alleging improper denials of benefit claims and breaches of fiduciary duty brought by plan participants and beneficiaries
- Obtained appellate court victory for large, multinational electronics company in class action lawsuit alleging improper reduction of retiree medical benefits
- Achieved summary judgment for a large multiemployer employee health and welfare trust fund in an ERISA fiduciary breach claim against a vision services provider that had improperly withheld more than $400,000 in fund assets
- Obtained numerous dismissals of duplicative fiduciary breach claims brought by plan participants against disability insurers and administrators in lawsuits involving the denial of ERISA disability claims
- Achieved several dismissals of benefit claim denial lawsuits as untimely under contractual or statutory limitation periods
- Represented life insurance companies and self-funded plans in interpleader matters involving competing claims for death benefits
- Defended large insurers in breach of contract and bad faith claims
Related Legal Services
Related Industries
Credentials
Bar Admissions
Illinois
Court Admissions
Illinois Supreme Court
U.S. Bankruptcy Court for the Central District of Illinois
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Seventh Circuit
U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the District of Colorado
U.S. District Court for the Eastern District of Michigan
U.S. District Court for the Eastern District of Texas
U.S. District Court for the Northern District of Illinois
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Northern District of Texas
U.S. District Court for the Southern District of Illinois
U.S. District Court for the Southern District of Indiana
U.S. District Court for the Southern District of Texas
U.S. District Court for the Western District of New York
U.S. District Court for the Western District of Michigan
U.S. District Court for the Western District of Texas
U.S. District Court for the Western District of Wisconsin
U.S. Court of Appeals for the Tenth Circuit
U.S. Court of Appeals for the Fifth Circuit
Education
Chicago-Kent College of Law
J.D. cum laude, CALI Excellence Award for Legal Writing II, Legal Writing IV, Property, Employment Discrimination and Workers' Compensation (2007)
University of Florida
B.S. summa cum laude (1999)
Insights & Events
Latest
Insights
Other Perspectives
- Second Circuit Court of Appeals Holds Disability Benefit Claim Must Be Fully Determined on Internal Appeal Review Within 45 Days
Republished in Employee Benefit Plan Review, January 2023 - Litigation Trends to Watch in 2024: Drop in TDF Suits, More Forfeiture Complaints
PLANADVISER, December 13, 2023 - Florida Federal District Court Compels Individual Arbitration of ERISA Class Action
Republished in Employee Benefit Plan Review, August 2022 - “All eyes watching DC ERISA case before high court”
Pensions & Investments, September 6, 2021 - “Benefits Cases To Watch In The Remainder Of 2021”
Law360, June 25, 2021
- ERISA Litigation Roundup: Seventh Circuit Sets Forth Pleading Standard in ERISA Duty of Prudence Claims in Hughes v. Northwestern University
Republished in Practical Guidance® by Lexis Nexis - “COBRA Class Actions and Cybertheft of 401(k) Plans”
Speaker, Defense Research Institute’s (DRI) Life, Health and Disability Committee - Corporate Counsel Subcommittee, August 19, 2020 - “Current Trends in Disability Benefit, Life Insurance Plan and AD&D Litigation”
Panelist, 2020 Mid-Winter Meeting of the American Bar Association’s Employee Benefits Committee, Rancho Mirage, California, February 6, 2020 - “Benefit Claims: Alternatives to Litigation”
Speaker, 2019 Mid-Winter Meeting of the American Bar Association’s Employee Benefits Committee, Nashville, February 8, 2019 - “Making the Tough Call: Real World Ethical Dilemmas for In-House Counsel”
Speaker, Association of Corporate Counsel, Chicago, August 29-30, 2017 - Chapter 13: Benefit Claims
Chapter Editor, Bloomberg BNA Employee Benefits Law, 4th Edition Cumulative Supplement, Winter 2018 - Chapter 13: Benefit Claims
Chapter Editor, Bloomberg BNA Employee Benefits Law, 4th Edition Cumulative Supplement, Spring 2018 - Chapter 13: Benefit Claims
Chapter Editor, Bloomberg BNA Employee Benefits Law, 4th Edition Cumulative Supplement, February 2018 - Chapter 20: Ethics, Privilege, and Related Concerns Unique to the Practice of Benefits Law
Chapter Editor, Bloomberg BNA “Employee Benefits Law,” 3rd Edition Cumulative Supplement, Fall 2014 - “Update on Ethical Issues”
2014 Mid-Winter Meeting of the American Bar Association's Employee Benefits Committee, New Orleans, February 7, 2014 - Chapter 20: Ethics, Privilege, and Related Concerns Unique to the Practice of Benefits Law
Chapter Editor, Bloomberg BNA “Employee Benefits Law,” 3rd Edition Cumulative Supplement, Fall 2013 - “Circuit Round Up”
Author, ABA Section of Labor and Employment Law - Employee Benefits Committee Newsletter, Fall 2013 - “Social Security Disability Decisions: Should Disability Insurers Be Concerned?”
Co-Author, For the Defense, October 2012 - “Update on Ethical Issues”
2012 Mid-Winter Meeting of the American Bar Association's Employee Benefits Committee, San Diego, February 17, 2012 - “Update on Ethical Issues”
2011 Mid-Winter Meeting of the American Bar Association's Employee Benefits Committee, Savannah, February 18, 2011 - “Anatomy of an Employee Benefits Claim”
4th Annual American Bar Association Section of Labor and Employment Law Conference, Chicago, November 5, 2010 - “Employment Discrimination and ERISA Section 510”
American Bar Association's ERISA Basics Conference, Chicago, May 21, 2010
Firm Blog Contributions
- Spotlight on Benefits – a blog offering practical insight on legal developments which impact benefit plans
- LaborSphere – a resource providing coverage and insights on breaking cases, recently enacted legislation and a broad range of labor issues
Leadership & Community
Professional Associations
- Employee Benefits Law (4th ed. Bloomberg BNA) — Contributing Editor
- The Handbook on ERISA Litigation (4th ed. Wolters Kluwer) — Co-Author
- American Bar Association, Labor and Employment Section — Employee Benefits Committee; Benefits Claims Subcommittee (Co-Chair)
- DRI Life Health and Disability Committee — Disability Subcommittee (Chair)
Honors
- Best Lawyers® — Employee Benefits (ERISA) Law, 2023-24
- Illinois Super Lawyers — Rising Star, 2012-17; Super Lawyers, Employee Benefits, 2021-23
- Five-time recipient of CALI Excellence Award