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Eric P. Mathisen

Shareholder   |   Salt Lake City, Valparaiso

Eric has a national practice focused on employee benefits litigation. He has the privilege of defending and providing legal advice to many long-term clients, including employee benefit plans, employers (and their employee benefit committees) who sponsor employee benefit plans, insurers who offer employee benefit policies, recordkeepers, and third-party administrators. Eric’s clients range from small, closely held to Fortune 500 companies from a broad array of business sectors, including insurance, finance, manufacturing, retail, technology, transportation, and technology.

Employee Benefits Litigation

  • Eric works closely with clients to help them respond in a strategic, effective, and efficient manner to lawsuits involving ERISA and non-ERISA employee benefits matters in federal and state courts throughout the United States. He also partners with other Ogletree Deakins lawyers in defending lawsuits in Canada.
  • The types of matters litigated cover a wide variety of class action and single plaintiff suits including: claims for severance, pension, life, disability, and retiree benefits; breach of fiduciary duty claims; and claims concerning COBRA continuing coverage.
  • Defense of claims under the Mental Health Parity and Addiction Equity Act, which often involve non-network residential treatment centers or wilderness therapy
  • Eric also litigates breach of contract, punitive damage, and bad faith claims related to non-ERISA benefit plans and insurance policies.
  • Successfully handled appeals in various courts, including the Sixth, Eighth, Ninth, and Tenth Circuits

Litigation Avoidance

  • Eric works closely with clients to help them understand and navigate the complex regulations and case law related to employee benefits plans.
  • Advising clients on drafting, revising, and updating employee benefit plans to reduce litigation risks
  • Assisting clients in properly responding to benefit claims under ERISA’s regulatory scheme
  • Eric conducts training and speaks on employee benefit issues.
  • ERISA and other employment topics

Eric was a on the Board for the Valparaiso Chamber of Commerce from 2018 – 2023 and was previously counsel for the City of Valparaiso’s Ethics Commission from 2004-2012. He also volunteers with his church and has had the opportunity to serve on two recent mission trips.

Eric and his wife, Kristen, are recent empty nesters as their second daughter headed off to college.

More About Eric P. Mathisen

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