The Employee Retirement Income Security Act of 1974 (“ERISA”) aims to balance the dual policies of (1) ensuring fair and prompt enforcement of rights under employee benefit plans, and (2) encouraging the creation of such plans. To strike this balance, ERISA pairs comprehensive rules regarding fiduciary responsibility with federal causes of action that allow plan
Michael E. Holzapfel is of counsel in the Monmouth County, New Jersey, office of Jackson Lewis P.C. where he focuses primarily on ERISA and complex commercial litigation. Clients turn to Michael for his institutional knowledge of benefits administration, his procedural litigation acumen in both ERISA Single-Plaintiff and class-action lawsuits, and his ability to understand the intricacies of federal and state insurance, financial, and other applicable laws and regulations.
Michael prides himself on understanding his clients’ business operations, benefits, and plan structures, with the objective of providing clients with both zealous representation and practical guidance. In the ERISA forum, Michael is a “go-to” lawyer for payers, plans, administrators, and fiduciaries across the country in benefits administration, coverage, and reimbursement disputes. He also is active in the new wave of ERISA breach of fiduciary duty class actions related to pension plan fees.
Over nearly twenty years of practice, Michael has also represented businesses from closely-held family ventures to Fortune 500 companies in both Single-Plaintiff disputes and complex class actions. His clients have included publicly traded and privately held insurers, administrators, financial institutions, contractors, and construction management firms, among others. Michael’s sophisticated understanding of such diverse industries allows him to deliver advice tailored to his clients’ unique needs and environment, as well as to provide effective counsel throughout all aspects of the pre-trial, trial, and appeals process.
During law school, Michael was an associate editor of the Journal of Contemporary Health Law and Policy. Following law school, he clerked for the Honorable Lawrence M. Lawson, Assignment Judge of the Superior Court of New Jersey, Monmouth County.
In December 2020, Congress passed the “No Surprises Act” (NSA) as part of the Consolidated Appropriations Act of 2021. The NSA applies most commonly in situations where a patient receives out-of-network medical services from a provider to whom the patient had no meaningful opportunity to consent, as in the case of emergency room care or…