William J. Delany, a Principal and Litigation Practice Leader at Groom Law Group, is a senior ERISA litigator with more than 30 years of experience defending employers, plan sponsors, fiduciaries, and service providers in complex ERISA class action litigation nationwide. Will’s practice focuses on high-exposure matters involving novel legal theories, senior-level fiduciary decision-making, and significant financial risk. His practice has a particular focus on 401(k) related investment and service provider litigation.

Will litigates ERISA cases in federal courts across the United States, leading teams, handling all phases of litigation, including dispositive motions, discovery, trial, and appeal, and using technology tools where appropriate. He has extensive experience representing fiduciary committees, boards, and senior executives, and brings a practical, working command of ERISA’s statutory framework across a wide range of plan structures and substantive claims.

With his substantial ERISA trial experience, including multiple ERISA class action trials, Will is regularly relied upon to guide cases through trial when necessary and to assess litigation risk with realism and precision. He is particularly effective in defending against evolving theories of liability – developing disciplined strategies to respond to new lines of attack on ERISA plans and fiduciary decisions – which have resulted in billions of dollars in savings for his clients. Will also advises his clients on how to mitigate litigation risk, including updating them on current trends and breaking news.

Known for his judgment and collaborative approach, Will works closely with clients to align litigation strategy with business objectives and risk tolerance. Trained in large, nationally respected law-firm environments, he brings a team-oriented, trial-ready approach to managing demanding ERISA disputes from inception through resolution. Will is also a thought leader in this area, frequently published and quoted in the trade press.


Representative Matters

  • Multiple-week trial of ERISA class action brought against insurance company issuer of 401(k) investment and recordkeeping platform; settled on favorable terms pending ruling
  • Defended 401(k) plan in multiple week trial of ERISA class action alleging breach of fiduciary duty arising out of fees and expenses incurred by plan
  • Pursued lawsuit on behalf of pension plan and third-party plan administrator to recover pension overpayments resulting from a significant calculation error; court granted summary judgment in clients' favor on all claims and primary holdings affirmed on appeal
  • Defended ERISA class action lawsuits challenging life insurance companies' stable value investment options offered in 401(k) and 403(b) plans, including claims of breach of fiduciary duty and prohibited transactions
  • Defended ERISA class action lawsuit challenging insurance company's use of retained asset accounts for payment of life insurance benefits
  • Defended large insurance annuity provider against ERISA breaches of fiduciary duty and prohibited transactions claims arising out of offering of proprietary funds in 401(k) plan
  • Defended financial services firm against ERISA breaches of fiduciary duty and prohibited transactions claims arising out of offering of proprietary funds in 401(k) plans
  • Defended multiple employers/plan sponsors in ERISA fees and expenses putative class actions
  • Defended employers/plan sponsors in ERISA "stock drop" class actions challenging offering of company stock in retirement plans
  • Defended employer/plan sponsor in lawsuit challenging termination of retiree medical benefits; motion to dismiss granted
  • Defended pension plan service provider in lawsuit challenging funding obligations of pension plan
  • Pursued ERISA lawsuit brought by an employee stock ownership plan ("ESOP") against former ESOP CEO for recovery of plan assets and for ERISA prohibited transactions; defended ESOP against state law claims brought by CEO for severance pay
  • Defended insurance companies in class action lawsuits challenging methods and amounts of payment of health insurance claims, including claims brought by medical providers with purported "assignments" from plan participants and claims regarding the calculation of service provider expenses, including disputed calculations of usual, customary and reasonable medical reimbursements
  • Defended employers/plan sponsors in ERISA claims for severance benefits
  • Defended employers/plan sponsors in class action lawsuits alleging ERISA anti-cutback and benefit claims arising out of amendment of pension plan benefits
  • Defended insurance company in ERISA class action brought on behalf of all claimants denied long-term disability benefits; successfully opposed class certification and class-wide discovery; secured favorable settlement in favor of client on remaining individual claim

Professional Affiliations

  • Leading Partner, The Legal 500 US, ERISA litigation (2025)
  • Labor and Employment Law Section, American Bar Association
  • Philadelphia Bar Association
  • Editor-in-Chief, Villanova Law Review

 

Related Resources

Publications

10/10/2024

Groom Publication

News

09/16/2024

Society for Human Resource Management

Publications

10/03/2023

Groom Publication

News

06/15/2022

PLANSPONSOR

Publications

01/05/2022

Law360