BENJAMIN EISNER
BEisner@spearwilderman.com

Ben Eisner is a leading multiemployer and benefits practitioner.  He graduated from Harvard Law School cum laude in 1986.  Following law school, Ben served as a law clerk to the late Chief Judge John F. Gerry of the United States District Court for the District of New Jersey.  He was in private practice in Washington, D.C. from 1988 to 1992, and acted as legislative counsel to U.S. Representative Peter H. Kostmayer (D-Pa) in 1992.

Ben joined Spear Wilderman in 1993.  He represents employee benefit plans, plan sponsors, unions and individuals in matters arising under ERISA and the Internal Revenue Code.  Ben has particular expertise regarding multiemployer, jointly-trusteed plans. He has testified as an expert regarding multiemployer plans and serves as union co-chair to the American Bar Association's Withdrawal Liability Subcommittee, and as a contributor to the 2010 Supplement to the ABA's highly regarded treatise Employee Benefits Law.  He represents local, regional and national multiemployer plans.

Also an accomplished litigator, Ben's notable cases include the successful defense before the New Jersey Supreme Court and Superior Court, Appellate Division, of the fundamental right of teachers in religious schools to organize and bargain collectively in South Jersey Catholic School Teachers Organization v. St.Theresa of the Infant Jesus Church Elementary School, 150 N.J. 575 (1997).  Teamed with our partner, Charles Joyce, in a multi-year, multi-court battle, Ben also successfully represented bi-state agency police patrol officers in their fight to establish the fundamental right to organize and bargain collectively, and to seek binding interest arbitration in the event of contract impasse, ultimately prevailing in the United States Court of Appeals for the Third Circuit, in Delaware River Port Authority v. Fraternal Order of Police, Penn-Jersey Lodge 30, 290 F3d 567 (3d Cir. 2002).

In addition to his American Bar Association involvement, Ben is a member of the AFL-CIO Lawyers Coordinating Committee, the International Foundation of Employee Benefit Plans, and the Philadelphia Bar Association's Employee Benefits Section, in which he is involved in creating continuing education classes for non-benefits practitioners.  Ben is admitted to practice in New Jersey, Pennsylvania and the District of Columbia.