Andrew S. Brignone

Andrew S. Brignone



Accomplished ERISA and employment law attorney with more than four decades of experience. Thought leader in employee benefits law. Recognized for years as a leading lawyer in Nevada.

Andy Brignone has worked for over 40 years in employee benefits law, ERISA, labor law and employment law.

Andy is sought after for his insights on employee benefits and has authored or co-authored several articles, including “Recent Developments in Employee Benefits Law” and “Where Family Law Attorneys Fear to Tread: Drafting a Qualified Domestic Relations Order (QDRO) to Divide a Pension” (Nevada Bar Communiqué). He co-authored “Infertility as a Protected Disability Under the ADA” and “Recent Developments in Employee Benefits Law—the Impact on Employers” (Nevada Labor Letter).

Andy is an original member of the Editorial Review Board of The Nevada Labor Letter, a publication devoted to education, employee benefits and employment. Over the years, he has been named a leading lawyer in Nevada in the Best Lawyers in America and Chambers USA America’s Leading Business Lawyers, was named “Nevada’s Best Labor Lawyer” by the Nevada Business Journal, and a Nevada Super Lawyer in 2007 by Law and Politics.

Representative Matters

Recent Experience

  • Trustees of the Construction Industry and Laborers Health and Welfare Fund et al. v. Redland Insurance [Summit Landscape] et al., 460 F. 3d 1253 (9th Cir. 2006). ERISA plan can recover paralegal fees and online research costs as attorneys' fees under ERISA if billing separately for such items is consistent with standard billing practices of local legal market; lower court decision disallowing all paralegal fees and online charges is reversed.

  • Trustees of the Utah Carpenters' and Cement Masons' Pension Trust v. New Star/Culp, 2009 WL 321573 (D. Utah). Employer waived all withdrawal liability defenses by failing to arbitrate its claim that it had not withdrawn under the construction industry rules; employer's counterclaim against plan fiduciaries for alleged failure to investigate circumstances of withdrawal also had to be arbitrated, and was not timely raised in any event.

  • Janis Carmona v. Judy Carmona, 544 F. 3d 988 (9th Cir. 2008). ERISA preempts efforts by pension plan participant's eighth wife (and widow) to take survivor annuity away from seventh wife, who was married to the participant at the time of his retirement.

  • Hartford Fire Insurance Company v. Trustees of the Construction Industry and Laborers Trust Funds, 125 Nev. 16 (2009). ERISA trust funds have standing to assert Little Miller Act bond claims; ERISA trust funds were not required to provide prior notice to general contractor of claim for subcontractor's delinquent trust contributions, owed under Nevada's general contractor liability statute, unlike Little Miller Act bond claims.

  • Trustees of the Utah Carpenters' and Cement Masons' Pension Trust v. New Star/Culp, 2009 WL 1351580 (D. Utah). ERISA plan's motion for attorneys' fees, interest, liquidated damages and costs, was not subject to the 14-day filing limit for attorneys' fees motions, which did not apply to ERISA actions; plan awarded all fees, interest, liquidated damages and costs sought.

  • Trustees of the Utah Carpenters' and Cement Masons' Pension Trust v. Daw, Inc., 2009 WL 77856 (D. Utah). Employer's successor's withdrawal liability; successor's failure to arbitrate withdrawal liability waived all defenses; successor was not entitled to refund of contributions allegedly made by "mistake."

Insights & Publications



  • J.D., 1974, University of Wisconsin Law School, cum laude
  • B.A., 1970, University of Wisconsin-Madison, with high honors


  • Nevada
  • Wisconsin
  • Montana


American Bar Association, Litigation, Labor and Employment Law sections

Board of Arbitrators, National Association of Securities Dealers

Clark County Bar Association

International Foundation of Employee Benefit Plans

State Bar of Nevada

State Bar of  Wisconsin

State Bar of  Montana

Community Involvement


Former Board of Directors, HealthInsight

Charles England Local 525 Education Scholarship Trust

Southern Nevada Laborers Charitable Foundation



AFL-CIO Award, Associated General Contractors of Las Vegas’ Construction Connection, 2014

Top Rated Lawyer in Employee Benefits, American Lawyer Media and Martindale-Hubbell™, 2013

AV® Preeminent™, Martindale-Hubbell Peer Review Rating

Best Lawyers in America, 1995-2024

Chambers USA, 2005-2019

Super Lawyers, Mountain States, 2007-2017

Nevada Business Journal, Nevada's Best Labor Lawyer, 1998

Original member, Editorial Review