Sarah Bryan Fask

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.