Eric P. Mathisen

Shareholder Chicago | Indianapolis | Valparaiso

*Currently licensed in Indiana only.

Eric Mathisen has represented clients in ERISA and Non-ERISA employee benefits matters in federal and state courts throughout the United States. He has extensive experience defending a wide variety of complicated employee benefits litigation matters including class action and single plaintiff suits regarding pension, life, health, disability, COBRA continuing coverage, and retiree benefits. He also litigates non-ERISA breach of contract and bad faith claims and employment claims.

Mr. Mathisen regularly conducts training and speaks on ERISA and other employment topics. He has also served as counsel for the City of Valparaiso’s Ethics Commission from 2004-2012.


Eric Mathisen serves as lead counsel for several large life, health, and disability insurers and administrators. He also regularly acts as lead counsel for employers, fiduciaries and self-insured employee benefit plans. Representative matters handled by Mr. Mathisen include:

  • Defending a large insurer in a nationwide class action ERISA suit by a class of health care providers.
  • Defending manufacturing industry companies against a class action challenging changes to retiree benefit plans.
  • Defending a large telecommunications company in ERISA matters seeking employee benefits and alleging a breach of fiduciary duty.
  • Defending a large financial institution in ERISA matters alleging the alleged failure to comply with ERISA’s disclosure requirements and continuation requirements by COBRA.
  • Defending a large disability insurer in a class action ERISA suit by a class of participants alleging violations of state insurance regulations.
  • Defending large disability and life insurers against claims for benefits (ERISA and Non-ERISA) by plan participants and beneficiaries.
  • Defending a manufacturing industry company against claims under the ADA.

Professional Activities and Speeches

Professional Activities:

  • Society for Human Resource Management of Northwest Indiana
  • Valparaiso Chamber of Commerce
  • American Bar Association
  • Indiana State Bar Association
  • Porter County Bar Association
  • Lake County Bar Association
  • Defense Research Institute
  • 2014/2015 Chair of Life Insurance General Committee ABA Tort Trial & Insurance Practice Section, Vice-Chair of Health and Disability Committee ABA Tort Trial & Insurance Practice Section
  • Newsletter Editor for DRI Life, Health and Disability Committee


  • Employee Benefits and Executive Compensation Symposium - ''Successfully Managing the Employer-Insurer Relationship'' - Phoenix - May 09, 2018
  • Ogletree Deakins Employee Benefits and Executive Compensation Symposium - ''Is Your Plan "Vaccinated" Against the Epidemic of Plan Fee Litigation?'' - Austin - March 23, 2017
  • Ogletree Deakins Employee Benefits and Executive Compensation Symposium - ''Benefits Litigation Hot Topics'' - Chicago - May 04, 2016
  • DRI Life, Health, and Disability Seminar - ''ERISA-fication of Worksite and Voluntary Insurance Products'' - Chicago - April 27, 2016
  • ABA TIPS 2015 Midwinter Symposium - ''Boot Camp'' - Tucson - 2015
  • ABA TIPS 2014 Midwinter Symposium - ''Managing The Relationship With Insurance Agents Before And During Litigation'' - Austin - 2014
  • Ogletree Deakins Workplace Strategies Seminar - ''Who Thought This Would Ever Happen? Damages and Other Remedies Under ERISA'' - New Orleans - May 10, 2013
  • ABA TIPS Midwinter Symposium - ''ERISA Hot Topics'' - St. Petersburg - January 14, 2012
  • Life Insurance and Annuity Litigation - ''Insurer's In-House Think Tank'' - New York - 2012
  • Ogletree Deakins Workplace Strategies Seminar - ''Benefits Litigation: Fiduciaries Face Mounting Exposure'' - Phoenix - 2012
  • Indiana Chamber of Commerce - ''Disability Benefits: The Most Litigated ERISA Claim'' - Indianapolis - 2012
  • Northwest Indiana Breakfast Briefing - ''How to Avoid Pitfalls with Your Employee Benefits Programs'' - Merrillville - 2012
  • ERISA Litigation - ''In-House Think Tank On Containing Costs, Preventing And Managing Litigation'' - New York - October 20, 2010
  • ABA Annual Meeting - ''ERISA Survey Of the Federal Circuits'' - San Francisco - August 06, 2010
  • ERISA Litigation - ''ERISA Preemption'' - New York - October 19, 2009
  • SHRM of Northwest Indiana - ''The Nuts and Bolts of HIPAA Compliance'' - Merrillville - November 20, 2003
  • Fall ICASE Seminar - ''The Imact Of The New HIPAA Regulations On Schools And Special Education'' - French Lick - September 25, 2003

Published Works



Media Quotes

December 2014 - DRI For the Defense - "The Expansion of Remedies under ERISA"
May 05, 2014 - Law360 - "High Court Eyes Split On Retiree Health Care Benefits"
October 2012 - DRI For The Defense - "Social Security Disability Decisions: Should Disability Insurers Be Concerned?"