Ari Alvarez

Ariadna Alvarez has more than 25 years of experience practicing in the areas of the Employee Retirement Income Security Act (ERISA), employee benefits and executive compensation. Ms. Alvarez' practice focuses on handling employee benefits and executive compensation aspects in mergers and acquisitions (M&A) transactions, both on the buy-side and sell-side. Ms. Alvarez was part of the deal team that represented MarineMax Inc. (NYSE: HZO) in the acquisition of Island Global Yachting LLC, which won the 2023 "Deal of the Year" Award ($500MM - $1B category) awarded by The M&A Advisor. For nearly a decade, she has represented underwriters and insurance companies issuing representations and warranties insurance (RWI) policies, and has handled benefits and executive compensation matters in approximately 3,500 RWI transactions.

Ms. Alvarez also counsels clients on Consolidated Omnibus Budget Reconciliation Act (COBRA) and Affordable Care Act (ACA) Employer Shared Responsibility Payment (ESRP) compliance, and provides advice on the exercise of fiduciary duties, tax controversies surrounding qualified retirement plans and benefit plan compliance before the IRS, U.S. Department of Labor and Puerto Rico Treasury Department. She has acted as an adviser to various governmental entities regarding human resources and employee benefits issues, including assisting with matters related to public pension funds and collectively bargained benefits.

Ms. Alvarez has handled ERISA claims and litigation, federal labor and employment law litigation and general tax litigation. She has argued before the U.S. Court of Appeals for the First Circuit.

Ms. Alvarez was the co-author of the amicus brief filed before the U.S. Supreme Court on behalf of DRI – "the Voice of the Defense Bar" in the case of Heimeshoff v. Hartford Life & Accident Insurance Co., et al., where the Supreme Court upheld a contractual limitations period in an ERISA plan. She also co-authored the amicus brief filed before the U.S. Court of Appeals for the Sixth Circuit on behalf of DRI – "the Voice of the Defense Bar" in the case of Rochow v. Life Insurance Company of North America, where the court held that a plaintiff who obtains relief under one of the express causes of action in Section 502(a) of ERISA cannot recover for the same injury under ERISA's "catchall" equitable relief recovery provision. In both cases, her briefs supported the prevailing position.

Ms. Alvarez is also experienced in trust administration, and in 2008 earned the certified trust and financial advisor (CTFA) designation issued by the Institute of Certified Bankers. For two years, she was the director of the trust division of an international bank and, in such capacity, oversaw the administration of $10-12 billion in assets under management.

Ms. Alvarez frequently lectures on the Affordable Care Act, ERISA litigation, ERISA compliance, retirement plan design and tax qualification, and HIPAA privacy regulations.

Representative Cases

U.S. District Court

• Defended a global transportation company against claims for benefits under the employer's ERISA-covered group health plan
• Defended a global consulting firm against an ERISA claim for breach of fiduciary duty in connection with services rendered as actuaries for an ERISA pension plan
• Defended a global financial services firm in an ERISA claim for severance benefits and stock option benefits
• Defended a large food and beverage company against an ERISA claim by plan participants seeking long-term disability benefits and alleging breach of fiduciary duty
• Defended a U.S. home products company in a claim for pension benefits and an allegation of breach of fiduciary duty filed against the company, due to a supposed failure to comply with notice requirements under ERISA
• Defended a private oil refinery company in an ERISA claim for pension benefits filed by participants
• Defended a U.S. home products company against a group of plaintiffs claiming that the company breached its fiduciary duties under ERISA and requesting the certification of a class action
• Provided support on defined benefit plan termination valuations to the litigation team defending an insurance company in connection with the termination of its plan, including working with actuaries in the preparation of their expert witness report

U.S. Court of Appeals

• Represented a large food and beverage company in an appeal of the judgment issued by the district court after submission of briefs by both parties
• Represented a large commercial airline in an appeal of ERISA pension benefits
• Drafted the brief on appeal and argued before the U.S. Court of Appeals for the First Circuit on behalf of the defendants/appellants in the case of Israel Sotomayor, et al. v. Geologistics Americas, Inc., et al., 284 F.3d 232 (1st Cir. 2002), where the court of appeals ruled in favor of the defendants/appellants and ordered the district court to enter judgment for the defendants on all claims asserted in the complaint