Forty years after ERISA was enacted, new and complex issues continue to arise in employee benefits litigation. With significant independent fiduciary experience and as a practicing ERISA attorney, EES principal Joseph A. Garofolo is well suited to serve as an expert witness with regard to a wide range of issues. He has been retained as a testifying expert in federal and state court litigation.

Rule 702 of the Federal Rules of Evidence recognizes that an expert may be qualified by "knowledge, skill, experience, training, or education." The breadth of Mr. Garofolo's expertise makes him qualified to serve as an expert in health and welfare and retirement plan litigation.

Some of the independent fiduciary engagements in which he has been involved include the following:

  • Transaction for the sale of closely held shares by an employee stock ownership plan;
  • Real property acquisition by a collectively bargained plan; and
  • Evaluation of the reasonableness of plan expenses and expense allocation among related parties and service providers.

Mr. Garofolo is an experienced litigator and transactional attorney in the field of employee benefits. He has advised clients with respect to fiduciary compliance, service provider arrangements, and various other issues relating to the design, management, and administration of employee benefit plans. He has appeared as counsel in federal courts across the country. In 2012, Mr. Garofolo was selected by California Lawyer magazine as a recipient of the California Lawyer Attorneys of the Year (CLAY) Award in the field of employee benefits and, in 2014, he was selected to the Northern California Super Lawyers list.

EES also provides litigation support services. From the meaning of plan assets to the fiduciary exception to the attorney-client privilege, ERISA litigation can present numerous challenges. Early recognition and evaluation of issues can often make the difference in a case.

EES provides expert witness and litigation support services for plaintiffs and defendants, including those involved in class actions and other complex cases.