Segal, Adam P.

Adam Segal represents numerous ERISA, multiemployer and public employer employee benefit trust funds and plans with respect to all aspects of benefit plan representation.

Adam carries significant experience in employee benefits plan design, drafting and qualification; IRS determination letter applications; fiduciary duties; trustee meetings and advice; IRS and Department of Labor audit defense; regulatory compliance under ERISA, HIPAA, WHCRA, PHSA and other applicable laws; litigation, including ERISA collections and claim defense, fiduciary liability, withdrawal liability (both plan and employer side) and Ninth and Tenth Circuit appeals.

Representative Matters
  • Successfully obtained a $19.5 million interest arbitration ruling for the Clark County Association of School Administrators and Professional-Technical Employees (CCASA) against the Clark County School District, the fifth largest school district in the nation. After an arbitration hearing, the arbitrator determined that the District had the ability to pay CCASA’s offer and the administrators were historically and comparatively underpaid while work requirements were increasing.

  • Counsel to Board of Trustees of the Plumbers & Pipefitters Union in obtaining judgment against employer for withdrawal liability on behalf of pension plan.

  • Successfully defended employee benefit fund against a hospital’s $750,000 ERISA benefit claim. We prevailed on a motion for summary judgment by demonstrating that the underlying patient was not eligible for benefits at the time of treatment.

  • Counsel to Board of Trustees of the Plumbers & Pipefitters Union in obtaining a $1.9M judgment against employer, alter ego company and owner/fiduciaries who failed to pay their employees’ fringe benefits.

  • Successfully represented Board of Trustees of the Glazing Health & Welfare Trust in obtaining declaratory judgment against Nevada Labor Commissioner that the state statute purporting to regulate trusts was preempted by ERISA.

  • Successfully defended a health plan in an action brought by plan participant for benefits.

  • Successfully defended labor organization against a former member in a federal action alleging multiple discrimination claims and, simultaneously, in a proceeding in front of the Nevada Local Government Employee-Management Relations Board (“EMRB”). We prevailed in the EMRB Proceeding after participating in an administrative hearing and in the federal action by obtaining summary judgment. The labor organization was awarded attorneys’ fees in the federal proceeding as a prevailing defendant in a civil rights action.

  • Counsel to Trustees of the Construction Industry & Laborers Health & Welfare Trust in obtaining judgment that included punitive damages against dental office for fraudulent billing to health plan.

  • Counsel to Trustees of the Teamsters Local 631 Sec. Fund for S. Nevada in obtaining judgments against participants who were ineligible for health plan benefits but erroneously received them.

  • Counsel to Trustees of Plumbers & Pipefitters Local 525 Joint Trust Fund in obtaining judgment against a bond company for ERISA employer’s debt to multiemployer benefit trust funds and for attorneys’ fees in excess of bond limit.

  • Counsel to Trustees of Nevada Resort Ass’n – Int’l Alliance of Theatrical Stage Employees & Moving Picture Mach. Operators of U.S. & Canada Local 720 Pension Trust in obtaining judgment against pension plan’s investment manager and investment consultant for overcharging commissions and engaging in prohibited transactions.

  • 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.

  • Guthart v. White, 263 F. 3d 1099 (9th Cir. 2001). ERISA health plan participant who sued plan for benefits did not perform qualifying work and, although contributions were made to ERISA plan on his behalf, was not entitled to plan coverage or benefits.

  • Trustees of the Construction Industry and Laborers Health and Welfare Trust v. Desert Valley Landscape, Inc., 333 F. 3d 923 (9th Cir. 2003). Jurisdiction over ERISA plan's pendent party claims against non-ERISA defendants is constitutional and lower court erred in dismissing the state claims even though ERISA claims were resolved.

  • 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."

  • Assisted in obtaining judgment against a company created to avoid multiemployer benefit trust fund obligations owed by a prior alter ego company. Trustees of Const. Indus. & Laborers Health & Welfare Trust v. Pro-Cut LLC, No. 2:12-CV-00205-APG, 2013 WL 4049662 (D. Nev. Aug. 9, 2013).

  • Counsel to Trustees of Construction Industry & Laborers Health & Welfare Trust in obtaining judgment against individual owners of company for fiduciary liability tied to company’s failure to remit fringe benefit contributions to multiemployer trust funds.

  • A bond held by ERISA employer was found liable for ERISA employer’s debt to multiemployer benefit trust funds and for attorney’s fees in excess of penal sum. Trustees of the Plumbers and Pipefitters v. Pyles, A663410, 2013 WL 6222083 and subsequent order entered on Jan. 28, 2014 (Nev.Dist.Ct.).

  • Assisted in obtaining judgment against employer for delinquent contributions, interest, liquidated damages and attorney’s fees on behalf of multiemployer benefit funds. Trustees of the Const. Indus. & Laborers Health & Welfare Trust v. Advanced Traffic Safety, Inc., No. 2:10-CV-01602-KJD, 2012 WL 938652 (D. Nev. Mar. 20, 2012).

  • Counsel to Board of Trustees of the Plumbers & Pipefitters Union in obtaining judgment against employer that failed to pay its employees’ fringe benefits.

  • Hartford Fire Insurance Company v. Trustees of the Construction Industry and Laborers Trust Funds, ___ P. 3d ___, 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. 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.

  • 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 Plumbers and Pipefitters Local 525 v. Developers Surety, 84 P. 3d 59 (Nev. 2004). Trust fund could recover attorneys fees from bonding company in excess of bond amount where bonding company litigated directly against the trust regarding liability.

  • Trustees of the Construction Industry and Laborers Health and Welfare Fund et al. v. Summit Landscape Services et al., 309 F. Supp. 2d 1228 (D. Nev. 2004). ERISA plan can recover contributions from employer and other liable parties, despite employer's claim that employees were not union members and that plan trustee had orally reached an accord and satisfaction: ERISA does not permit unwritten plan obligations.

  • Smith Green Corporation v. Trustees of the Construction Industry Laborers Health Welfare Trust, 244 F. Supp. 2d 1098 (D. Nev. 2003). ERISA preempts state law claims against ERISA plan for intentional interference, breach of contract, etc. and defendant would be sanctioned for asserting them after ERISA plan's counsel provided defendant's attorney with preemption authorities.

  • U.S. Design v. International Brotherhood of Electrical Workers Trust Funds, 50 P. 3d 170 (Nev. 2002). General contractor was liable for unpaid ERISA trust contributions owed by its subcontractor, pursuant to state law, and all trust's attorneys fees, after general contractor lost on summary judgment.

  • Trustees of the Operating Engineers Pension Trust v. Tab Contractors, Inc., 224 F. Supp. 2d 1272 (D. Nev. 2002). ERISA plan cannot be sued by employer under Labor Management Relations Act.

  • Trustees of the Cement Masons and Plasterers Health and Welfare Trust v. Fabel Concrete, Inc., 159 F. Supp. 2d 1249 (D. Nev. 2001). A bond held by ERISA employer's alter ego was liable for ERISA employer's debt to ERISA plan.

  • Trustees of the Construction Industry and Laborers Health and Welfare Trust v. Desert Valley Landscape, 156 F. Supp. 2d 1170 (D. Nev. 2001). ERISA trust can recover defaulted subcontractor's ERISA plan liability from its general contractor although merits of claim were never proven.

  • United Association v. Grove, Inc., 105 F. Supp. 2d 1129 (D. Nev. 2000). ERISA does not preempt state law allowing benefit plan to recover plan contributions from employer's general contractor.

News & Events
Community

Board of Directors, HealthInsight

Publications & Presentations
Education
  • J.D., 1996, cum laude, Santa Clara University School of Law
  • B.A., 1992, with honors, University of California, Santa Cruz
Admissions
  • Nevada
  • California
  • U.S. District Court, District of Nevada
  • U.S. District Court, Central District of California
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Appeals, Federal Circuit
Recognition

Best Lawyers in America, 2008-2019

Managing Editor, Santa Clara Computer and High Technology Law Journal, Santa Clara University School of Law

Membership

American Bar Association

Clark County Bar Association

State Bar of California

State Bar of Nevada

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