Partner Michael C. Rakower Published “Attorney’s Fees Under ERISA 502(g)(1): An Exception to the American Rule” in the Summer Edition of the NY Litigator.

In contrast to countries that require a losing party to pay the winning party’s legal fees, the United States abides by the “American Rule,” which requires each party to pay its own legal fees irrespective of who wins.  The American Rule, however, has exceptions. One of them concerns the fee-shifting provision in the Employee Retirement Income Security Act (ERISA). This article explores the considerations courts apply to a party’s request for legal fees after success in an ERISA case.