Kyle Flaherty represents boards of trustees of multiemployer pension plans and collectively bargaining group health plans concerning all aspects of plan administration and fiduciary counseling.  He also represents employers in all aspects of labor law, including collective bargaining, grievance adjustment, arbitration, unfair labor practice proceedings and strategic planning.  He has extensive knowledge and experience with withdrawal liability issues and counsels clients in all areas of employment law.  Kyle also advises clients on all labor, employment and employee benefit related issues in corporate transactions.

Representative Experience

  • Obtained for national multiemployer pension fund client approvals from U.S. Treasury Department and PBGC for first joint Application for Benefits Suspension and Partitioning under Multiemployer Pension Reform Act
  • Obtained critical waiver of seller bond in ERISA Section 4204 transaction in connection with client's sale of business to avoid trigger of withdrawal liability
  • Negotiated several multi-million withdrawal liability settlements on behalf of national multiemployer pension plan
  • Successfully defended clients in connection with improper withdrawal liability assessments made by multiemployer pension plans
  • Negotiated substantial settlement with large group health insurance carrier regarding disputed stop-loss claim on behalf of national multiemployer group health plan
  • Successfully defended Chicago-based client against arbitration claims seeking premium pay for large class of Teamster employees
  • Successfully defended New York-based hotel client in arbitration challenging a "just cause" discharge under labor agreement

Successfully defended New York-based social services agency in numerous arbitrations challenging "just cause" discharges under labor agreement

Publications

  • Co-author – "A Labor Lawyer's guide to Avoiding the Surprise Withdrawal Liability Assessment," Thomson Reuters News & Insight, May 2012.
  • Co-author – "Protecting the Subrogation Rights of Self-Insured Group Health Plans," Employee Benefits Journal, Vol. 26, No. 2, June 2001