Practice Areas
- Affordable Care Act
- Appellate Advocacy
- Employee Benefits, Executive Compensation and ERISA
- Environmental and Regulatory Law
- ERISA Litigation
- Executive Compensation and Non-Qualified Deferred Compensation Agreements
- Health Plans, Cafeteria Plans and Other Fringe Benefits
- Litigation
- Qualified Retirement Plans
- Renewable and Alternative Energy
Education
J.D., West Virginia University College of Law, 2001
- Executive Editor, West Virginia Law Review
B.A., English, James Madison University, 1998
Admissions
- West Virginia Supreme Court of Appeals
- U.S. District Courts, Northern and Southern Districts of West Virginia
- U.S. Court of Appeals for the Fourth Circuit
Grant Shuman focuses his practice in ERISA and employee benefit law, representing welfare benefit and pension plans, plan sponsors, and plan administrators in matters involving plan operation from design and plan drafting to compliance issues and termination. He practices from the Charleston, West Virginia office.
With nearly 25 years of experience, Grant has provided trusted counsel to clients ranging from small businesses to Fortune 500 companies. He has represented plans and plan sponsors in both voluntary compliance program submissions and investigations by the IRS and the DOL. He has also worked to abate millions of dollars in proposed penalties, including those arising under the ACA’s employer mandate.
Grant has represented various insurers and managed care organizations before state and federal courts in civil actions involving billing disputes, benefit claims, allegations of breach of fiduciary duty, discrimination claims, and subrogation claims.
Grant has practiced before the Public Service Commission of West Virginia, representing a range of utilities in administrative hearings, together with obtaining the issuance of siting certificates for exempt wholesale generators powered by renewable energy and natural gas.
Grant has served as counsel for project developers, buyers, and lenders in renewable energy transactions and other mergers and acquisitions matters, including counseling buyers, sellers, and lenders as to benefit plan issues, due diligence, revising purchasing agreements, and drafting local counsel opinions.
Grant is also an experienced civil litigator and appellate attorney, having represented clients in a broad spectrum of litigation matters before state and federal trial and appellate courts. He brings that experience to bear as a mediator to assist parties in reaching common ground for a settlement.
Representative Experience:
- Represented pension benefit plans and welfare benefit plans before state and federal courts in ERISA and managed care matters such as billing disputes, benefit claims, allegations of breach of fiduciary duty, discrimination claims, and subrogation actions.
- Advised employers, insurers, welfare benefit plans, pension benefit plans, and plan administrators concerning ERISA compliance and plan design, including drafting legal opinions, plan documents for both qualified and non-qualified plans, summary plan descriptions, summaries of material modifications, third-party administration agreements, and other documents governing plan operations.
- Represented and advised plan sponsors in self-corrections under EPCRS, plan remediation under other voluntary compliance programs for operational failures, investigations by the IRS and the DOL concerning plan operations, and proposed penalties under the ACA's employer mandate, resulting in millions of dollars in abated penalties.
- Represented and advised employers, health plans, and plan administrators concerning comparative analyses under MHPAEA, compliance with the ACA, implementation of the Secure 2.0 Act, emerging PBM regulations, and reducing fiduciary liability for excessive fees through the establishment of benefit committees and related guidance.
- Represented and advised employers, pension benefit plans, welfare benefit plans, managed care organizations, and health care entities in matters involving regulatory compliance, billing, governmental oversight, and policy implementation.
- Served as counsel for project developers, buyers, and lenders in financing transactions and mergers and acquisitions matters, including counseling buyers, sellers, and lenders as to benefit plan issues, due diligence, revising purchase agreements, and drafting local counsel
opinions. - Represented project developers before the Public Service Commission of West Virginia and the West Virginia Supreme Court of Appeals to obtain siting certificates for exempt wholesale generators powered by renewable energy and natural gas.
- Represented water, sewer, cable, motor carrier, and landfill utilities before the Public Service Commission of West Virginia and the West Virginia Supreme Court of Appeals.
- Litigated a broad spectrum of matters before state and federal courts, including labor and employment, personal injury, insurance, toxic tort, medical monitoring, medical malpractice, deliberate intent workplace injuries, property disputes, premises liability, commercial disputes, and nuisance/trespass actions.
Selected Cases:
- Ohio Valley Jobs Alliance, Inc. v. Public Service Comm’n of W. Va., 2018 WL 5734679 (W. Va. Nov. 11, 2018) (Memorandum Decision)
- Gates v. Morris, 2018 WL 1582470 (S.D.W. Va. Mar. 29, 2018)
- Robie v. Price, 2017 WL 3188572 (S.D.W. Va. July 27, 2017)
- Young v. Afflicted Holdings, LLC, 2017 WL 2272075 (S.D.W. Va. May 24, 2017)
- Stenger v. Carelink Health Plans, 2016 WL 1417219 (W. Va. April 8, 2016) (Memorandum Decision)
- Dooley v. Matrix Absence Management, Inc., 2015 WL 4644446 (N.D.W. Va. Aug. 4, 2015)
- Sanitary Board of the City of Charleston v. Public Service Comm’n of W. Va., 2014 WL 2618626 (W. Va. June 11, 2014) (Memorandum Decision)
- Neely v. Zimmer, 2012 WL 3198557 (S.D.W. Va. Aug. 2, 2012), aff’d per curiam, No. 12-2150 (4th Cir. 2013)
- Dupell v. K. Hovnanian Companies, LLC, 2012 WL 1831484 (N.D.W. Va. May 18, 2012)
- Patrick v. Calgon Carbon Corp., 2010 WL 4629913 (S.D.W. Va. Nov. 8, 2010)
- Secure US, Inc. v. Security Alarm Financing Enterprises, Inc., 2010 WL 4641624 (S.D.W. Va. Nov. 4, 2010)
- Beachum v. Phillips, 2009 WL 3269047 (S.D.W. Va. Oct. 8, 2009)
- Mountain Communities for Responsible Energy v. Public Service Comm’n of W. Va., 222 W. Va. 481, 665 S.E.2d 315 (2008)
- Burch v. NedPower Mount Storm, LLC, 220 W. Va. 443, 647 S.E.2d 879 (2007)
- Summer v. Carelink Health Plans, Inc., 461 F. Supp. 2d 482 (S.D.W. Va. 2006)
- Kuthy v. Mansheim, 124 F. App’x 756 (4th Cir. 2004)
Professional Highlights
- Qualified Mediator, State of West Virginia
Honors
- AV Preeminen Peer-Review Rated, Martindale-Hubbell
- Named to The Best Lawyers in America (ERISA Litigation), since 2019
- Best Lawyers "Lawyer of the Year" – Litigation – ERISA Law (2025 and 2022)
- Selected to the West Virginia Rising Stars list by Super Lawyers, 2010 - 2016
Presentations & Events
- Presentation: AI-Driven Investing and Use of Robo-Advisers by Retirement Plans by Grant P.H. ShumanERISA Fiduciary Duties and Prohibited Transactions; SEC Guidance and ComplianceWebinar | Strafford, June 18, 2026
Articles & Alerts
- DRIFor the Defense, March 2026
- March 2026
- West Virginia Banker, February 2026
- West Virginia Chapter, The Law of Life Insurance: Key Issues in Each State by Grant ShumanDefense Research Institute 2017, Second Edition forthcoming 2025
- Secure an Employee Plan's Future by Proactively Self-Correcting by lead author Grant ShumanTax Management MemorandumBloomberg Tax, 2023
- Recent State and Federal Scrutiny Presents Unique Opportunity for Plan Sponsor PBM Agreement Negotiation by co-author Grant Shuman51 C.P.J. 06BLOOMBERG BNA, June 2, 2023
- No Surprises Act Gives Plan Sponsors Savings Opportunities by lead author Grant ShumanLAW360, March 22, 2023
- West Virginia Chapter, Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey by lead author Grant ShumanJOSEPH HAMILTON ED., 3d ED. AMERICAN BAR ASSOCIATION, 2022
- Escaping the Purposes of the ADA: The "Safe Harbor" Provision and Disability-Based Distinctions in Insurance Policies and Programs36 Gonz. L. Rev. 54, 2001
- Common Law Tort Immunity for State Officials in West Virginia after the Parkulo v. Board of Probation Decision103 W. Va. L. Rev. 261, 2000
Professional Affiliations
- Defense Research Institute, Life, Health & Disability Committee
Community/Civic Activities
- Chairman of the Board, The Willy Foundation, Inc. (2009–Present)