Joe Faucher has been litigating ERISA matters and other employee benefit related cases for more than 30 years. His ERISA litigation experience includes defending class actions for breach of fiduciary duty against retirement plan sponsors and fiduciaries involving allegations of excessive fees and imprudent investment offerings. He has represented plans and fiduciaries in numerous cases involving claims for benefits against retirement plans, disability insurance plans, health insurance plans and life insurance plans.
Joe also has significant expertise in representing independent employee stock ownership plan (ESOP) trustees in cases brought by the U.S. Department of Labor and by private plaintiffs. Joe has also represented ESOP fiduciaries during Department of Labor investigations of ESOP transactions. In a recent high-profile ESOP litigation matter brought by the DOL, Joe’s work was instrumental in bringing about a settlement, on the eve of trial, for a fraction of the plaintiff’s original demand.
Joe has also represented numerous employee benefit plan service providers, such as third party administrators, actuaries, registered investment advisers and insurance carriers. In addition to his litigation practice, Joe actively counsels clients regarding risk management and insurance coverage issues, and, in the employee benefit context, helps clients comply with applicable Department of Labor regulations. He has helped numerous service providers draft service agreements for use with their clients.
For several years before joining Trucker Huss, Joe was the senior West Coast ERISA litigator at a large national firm, and for many years before that was a partner in a prominent Southern California law firm where he focused his practice in ERISA and employee benefits litigation issues. He has been named a Southern California “Super Lawyer” in the area of employee benefits several years running. He is admitted to practice in California, the Supreme Court of the United States, the Courts of Appeals for the Fourth, Seventh and Ninth Circuits, all California U.S. District Courts and the District of Colorado. He has substantial experience in arguing matters before the Ninth Circuit Court of Appeals.
Joe is a frequent speaker on ERISA and employee benefits litigation subjects, and has written numerous articles and white papers on topics of interest to benefit plan sponsors, fiduciaries and service providers.
Because modern-day civil litigation typically involves mediating matters before they proceed to trial, Joe – who has mediated dozens of cases as an advocate on behalf of his clients – also recently completed the prestigious course “Mediating the Litigated Case” offered by the Straus Institute for Dispute Resolution of Pepperdine/Caruso School of Law.
In 2024, Joe was inducted as a fellow in the American College of Employee Benefits Counsel, the highest level of recognition for an ERISA attorney. Selection as a Fellow reflects the College’s judgment that a nominee has made significant contributions to the advancement of the employee benefits field.
ARTICLES AND UPCOMING PRESENTATIONS
- Ninth Circuit Decision in AT&T Case Could Open Up Potential New Attacks on Retirement Plan Fiduciaries: What Fiduciaries Need to Know
- The Unlikely Intersection Between ERISA and State Laws Regulating Abortion
- The Supreme Court Limits Standing to Sue in Cases Involving Defined Benefit Plans
- The Latest in Stable Value Fund Litigation
- Supreme Court Remands Outlier Stock Drop Decision
- U.S. Supreme Court Considering Three ERISA Cases in October Term 2019
- Arbitrability of ERISA Fiduciary Breach Cases
- Second Circuit Breathes New Life Into Company Stock Litigation
- The Pleading Standard Applicable to Claims Involving Private Company ESOPs: Does Dudenhoeffer Apply or Not?
- ERISA Stock Drop Cases Since Dudenhoeffer: The Pleading Standard Has Been Raised
- Are Trustees’ Employees Fiduciaries Under ERISA?
- ERISA Litigation Continues a Plaintiff-Friendly Trend
- Ninth Circuit Decision Creates Uncertainty Regarding the Burden of Proof in Benefit Claim Cases
RECENT PRESENTATIONS
