Practice Areas
The Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §1001 et seq., is a federal law that governs private sector employee pension, disability and health plans. ERISA establishes minimum requirements for fiduciary duties, reporting and disclosure obligations, participation and vesting standards as well as enforcement of these mandates.
ERISA requires plan administrators to provide participants with benefit statements and other information about plan features and funding. In addition, ERISA provides rigorous fiduciary responsibilities for those who manage and control plan assets; requires plans to establish a grievance and appeals process for participants to secure benefits to which they are entitled; and gives participants the right to sue for benefits and breaches of fiduciary duty.
Kenneth Berman has an untiring commitment to securing economic justice for America’s workers, retirees, and their families. Mr. Berman represents employees and retirees in administrative appeals and in ERISA breach of fiduciary and denial of benefit claims. Mr. Berman also represents retirees and employees of state and local governmental agencies in their pension, disability and health insurance benefits claims.
ERISA does not cover plans established or maintained by the U.S. Government, any state or political subdivision thereof such as the City of Philadelphia’s Retirement Code. Such plans are exempt from ERISA but are subject to some Internal Revenue Code requirements as well as state and local agency laws.
Nor does ERISA govern plans established and maintained by churches, including religiously affiliated universities and hospitals, for their employees, or plans which are maintained solely to comply with applicable workers compensation, unemployment, or disability laws. Unlike governmental plans, church plans can opt into ERISA’s protections.
Berman Legal provides skilled representation to state and local government employees in disputes related to their employment benefits. These claims often involve retirement benefit issues, which may arise under municipal and state laws such as, for example, Pennsylvania Act 600, the Municipal Police Pension Law. Mr. Berman is well-versed in navigating the complexities of governmental benefit programs, ensuring that employees and retirees receive the full benefits they have earned.
Berman Legal offers comprehensive legal counsel to businesses, lenders, and individuals involved in commercial, industrial, and residential real estate transactions. Our expertise encompasses a wide range of related matters, including zoning, land use, eminent domain, development issues as well as the rehabilitation of blighted properties.
We work with stake-holders from banks, mortgage companies, landlords and tenants to owners in connection with negotiating workouts of defaults and threatened breaches of leasehold, mortgage and other financial or legal obligations. We represent buyers and sellers in industrial, commercial, and residential transactions, and handle the negotiation, drafting, and review of sale and related agreements. We also represent landlords and tenants in negotiating commercial shopping center and office leases.
Our firm supports builders and developers in obtaining approvals for subdivisions, land development, variances, special exceptions, and conditional use applications from municipal authorities. We advise developers of condominium projects, as well as purchasers, sellers, and condominium associations.
From the initial stages to the completion of construction projects, we provide guidance on environmental compliance, land use and construction permitting, and the drafting of contract documents, development agreements, and joint venture arrangements. We also resolve construction-related disputes through cost-effective methods such as mediation, arbitration, or litigation when appropriate.
Berman Legal LLC provides strategic legal counsel to individuals and closely held companies on a wide array of business matters. Our services include assisting with the formation, acquisition, and disposition of business entities, structuring multi-party transactions, and defining the capital structure, economic rights, and legal relationships of owners, shareholders, and employees. We also advise on the development and implementation of corporate governance policies, as well as exit and succession planning strategies.
Mr. Berman has represented and served on the boards of numerous arts, charitable, and nonprofit organizations, providing guidance on fiduciary duties, disclosure and reporting requirements, fundraising, endowment management, insurance matters, compensation and employment issues, and conflict of interest policies.
Our firm also handles a diverse range of commercial litigation in state and federal courts, including intra-company disputes (“business divorces”), fraud claims, contract and real estate litigation, insurance disputes, and injunction actions.