Sarah Bryan Fask maintains a nationwide practice focusing on Employee Retirement Income Security Act (ERISA) litigation.
Sarah has successfully defended against claims in federal courts across the country alleging breach of fiduciary duty and an improper denial of disability, medical or severance benefits. Over the course of her career, she has secured favorable summary judgment verdicts in multiple cases while bringing many others to successful settlements. She also litigates ERISA preemption issues (both offensively and defensively) and enforces ERISA plan subrogation and reimbursement rights.
Sarah also regularly counsels and represents employers with issues involving the interplay between collective bargaining, multiemployer pension plan obligations and withdrawal liability. Sarah helps businesses understand withdrawal liability estimates and assessments, and represents businesses through any necessary request for review, arbitration, and any settlement negotiations. She has extensive experience defending against allegations of successorship, evade or avoid transactions, and the construction industry exemption.
Sarah is leading resource in pension reform efforts and the multiemployer provisions of the American Rescue Plan Act of 2021, specifically. Sarah helps employers strategize regarding the impact of multiemployer pension reform on their business.
She advises buyers and sellers on the implications of multiemployer plans and withdrawal liability in transactions. Sarah works closely with corporate deal counsel to perfect ERISA Section 4204 provisions in asset sales and submit applications to funds for a waiver of the bond requirements in qualifying transactions.
Finally, Sarah also represents employers in disputes with funds regarding the scope of the contribution obligation. She prides herself on developing common-sense economical solutions, while recognizing the long-term implications of audit dispute resolutions for employers.
In addition to her ERISA litigation practice, Sarah counsels and defends claims of discrimination, harassment and retaliation arising under:
- Title VII of the Civil Rights Act of 1964
- The Americans with Disabilities Act (ADA)
- The Age Discrimination in Employment Act (ADEA)
- The Family and Medical Leave Act (FLMA)
- The Pennsylvania Human Relations Act
- The New Jersey Law Against Discrimination
- The Philadelphia Fair Employment Practices Ordinance
Sarah works with in-house counsel and human resources professionals to implement best practices, effectively address employee concerns and avoid unnecessary litigation.
If litigation is unavoidable, she draws on her years of experience in federal courts, well as before the Equal Employment Opportunity Commission, the Pennsylvania Human Relations Commission and the Philadelphia Commission on Human Relations. When litigating, Sarah ensures that all strategy decisions are made with the clients’ goals for the litigation front and center.
Selected Matters
- Perlman v. General Electric et al., 24-CV-514 (2nd Cir. 2024): upheld the district court’s decision dismissing the complaint seeking benefits under an ERISA-covered pension plan, severance pay, and stock options
- Canter v. AT&T Umbrella Ben. Plan No. 3 et al., 33 F.4th 949 (7th Cir. 2022): upheld the district court’s grant of summary judgment to the Plan in an ERISA claim for long-term disability benefits
- Davidson v. Hewlett-Packard Co., 21-16707 (9th Cir. 2022): upheld the district court’s decision granting Hewlett-Packard summary judgment in an invasion of privacy claim (stemming from claims for benefits under an ERISA plan)
- Clark v. Certainteed Salaried Pension Plan, 860 Fed. Appx. 337 (5th Cir. 2021): upheld the district court’s grant of summary judgment to the employer and ERISA plan sponsor in an action alleging claims under ERISA 502(a)(1)(B) (denial of benefits) and 502(a)(3) (breach of fiduciary duty)
- Green v. Sanofi Pasteur, Civ. A. No. 21-1462 (M.D.Pa. 2022): granting summary judgment to the employer in claims of sexual harassment and hostile work environment
- Davis-Jackson v. American Airlines, Civ. A. No. 18-2822 (E.D. Pa. 2022): granting summary judgment to the employer for claims brought under the Americans with Disabilities Act, the Family and Medical Leave Act, and Title VII
Speaking Engagements
Multiemployer Contributing Employer Forum
Understanding the Risk, Strategy and Impact of Providing Abortion-Related Employee Benefits
What Employment Lawyers Need to Know About ERISA Litigation
Multiemployer Contributing Employer Forum
Proposed Regulation: Actuarial Assumptions for Determining an Employer’s Withdrawal Liability
Using Litigation to Clarify the Legal Status of ERISA Plans' Coverage of Abortion Services and Related Travel
Multiemployer Plans in Corporate Transactions
ARPA Relief for Multiemployer Funds: PBGC Weighs in on Its Interim Final Rule
Webinar
Special Financial Assistance Interim Final Regulations: The Employer’s Perspective
Multiemployer Plans in Corporate Transactions
Webinar