Joelle C. Sharman

Overview

For more than three decades, Joelle Sharman, chair of the firm's nationwide ERISA litigation practice, has represented employee benefit plans, plan sponsors, fiduciaries, service providers, and parties-in-interest in single plaintiff and class action lawsuits. From 401(k), employee stock ownership, and defined benefit plans on one hand, to welfare benefit plans on the other, Joelle’s cases have entailed, among other things, excessive fee disputes, breach of fiduciary duty and prohibited transactions claims, multiemployer delinquent contribution and withdrawal liability claims, and participant benefit claims.

In addition to her ERISA practice, Joelle counsels and defends clients in traditional employment law and litigation matters, including but not limited to, claims brought under Title VII, ADEA, ADA, FLSA, and USERRA. She also defends clients in governmental audits, reviews plan documents for ERISA compliance, and drafts summary plan descriptions for welfare benefit plans.

In her “spare” time, Joelle has written numerous articles and has served as a contributing author to ERISA publications and treatises; been interviewed on national television and spoken extensively about employment matters; and has served as an ERISA consulting expert.

Experience

• On behalf of an ESOP Trustee, secured a voluntary dismissal with prejudice by a plaintiff in a $20+M ERISA class action in federal district court prior to an answer being filed
• Successfully obtained complete penalty abatements on behalf of plan administrators in EBSA and IRS audits
• Obtained summary judgment on behalf of 401(k) plan administrators in actions alleging breach of fiduciary duty
• Obtained summary judgment on behalf of employers in actions alleging claims under Title VII and the ADEA and ADA

Honors, Publications, & Speeches

Honors

• AV Rating, Martindale-Hubbell
• Georgia Rising Star, Law & Politics Magazine, 2009

Publications

• Author, Updated 33 Chapters of LexisNexis Treatise on Employee Benefits, 2013-2014
• Author, “Case a Wake-Up Call on COBRA Coverage,” Benefits & Compensation Digest, January 1, 2010
• Author, “Federal Court Finds ERISA-Covered Plan May Be Comprised of Individual Rather Than Group Insurance Policies,” BenefitsLink.com, October 28, 2009
• Author, “Where 'O Where Are the Regulations for the Mental Health Parity Act?” National Law Review, October 26, 2009
• Author, “Finding Ambiguity Where None Exists: Mental Illness Limitations in Disability Policies,” For the Defense, DRI, February 2007

Presentations

• Speaker, Corporate Counsel Institute, December 2023
• Speaker, “ERISA Boot Camp,” American Conference Institute’s Premier Forum on Defending and Managing Employment Discrimination Litigation - New York, NY, February 25, 2010
• Featured, Interview regarding Detroit ADA settlement, CBS Early Show, March 16, 2010
• Speaker, “Hot Topics in Employment Law” Breakfast Briefing - Chicago, Illinois, October 22, 2009
• Speaker, “Advanced Techniques in Depositions,” Eastern Claims Conference, February 2009
• Speaker, “Fiduciary Responsibilities under ERISA,” Small Firm Study Group of Georgia Chapter for the Association of Legal Administrators, November 2008
• Speaker, “Fiduciary Responsibilities Under ERISA,” Meeting of the New York Chapter of the Association of Corporate Counsel, October 2008
• Speaker, “ERISA § 404(c) and Pending Litigation,” Annual Fly-In of the Southern Employee Benefits Conference, October 2008
• Speaker, “Techniques for Using Medical and Vocational Experts to Prove or Refute the Claimed Disability,” 11th National Advanced Forum on Litigating Disability Insurance Claims, American Conference Institute, June 2008
• Speaker, “Supreme Court’s 401(k) Ruling: What It Means to Employers,” HR Hero Audio Conference, April 2008
• Speaker, “Hot Topics in Disability Insurance Law,” Annual Conference of the Life, Health, Disability Committee of the Defense Research Institute, April 2007
• Speaker, “Gifts from the IRS: Maximize Your Tax Benefits, Retain Employees, and Grow Your Business through Various Employee Benefit and Retirement Solutions,” Meeting of the Technology Association of Georgia, May 2006
• Speaker, “Are you Compliant? Updates on ERISA, HIPAA, and COBRA for the Health Insurance Industry,” Annual Meeting of the International Claim Association, September 2005
• Speaker, “The ‘Own Occupation’ Distinction in Disability Insurance Policies,” 8th National Advanced Forum on Litigating Disability Claims, American Conference Institute, June 2005
• Speaker, “Motions to Vacate and Confirm Arbitration Awards and Appeals,” CLE Conference sponsored by the Construction Law Section of the Atlanta Bar Association, February 2005
• Speaker, “Hot Topics in ERISA,” Lorman’s, 2004 and 2005
• Speaker, Various Webinars on ERISA and Employee Benefits Topics

News

Professional

• Member, Defense Research Institute
• Member, PLUS

Community

Joelle is a figurative sculptor and mosaic artist.