Goodwin has a powerhouse ERISA litigation department with a stellar track record defending plan sponsors in challenges related to health and retirement plans. The group is well-equipped to handle complex, novel litigation, including class actions challenging pension risk transfers and tobacco surcharges. The group’s elite clientele includes major names across the financial services, retail, and manufacturing industries. Boston-based James Fleckner excels in litigating class actions under ERISA, recently representing Natixis Investment Managers in the inclusion of mutual funds in its 401(k) plan. Also in Boston, co-head Alison Douglass specializes in challenges to 401(k) plan imprudent investments and excessive fees. Douglass focuses on trial and appellate matters, pre-litigation matters, and regulatory investigations before the DOL. Jaime Santos has extensive experience in appellate matters, regularly representing clients in federal courts. Boston-based Dave Rosenberg, Washington DC-based Matthew Riffee, and Christina Hennecken continue to be key assets to the team.
ERISA litigation in United States
Goodwin
Responsables de la pratique:
James Fleckner; Alison Douglass
Autres avocats clés:
Jaime Santos; Dave Rosenberg; Matthew Riffee; Christina Hennecken
Les références
‘Goodwin has a very strong Boston-based practice and has many institutional clients in the biotech and similar industries, given the market in Boston.’
‘Alison Douglass is a wonderful attorney and a good friend. She is excellent.’
Principaux clients
Natixis Investment Managers, LLC
General Electric Company (GE Aerospace)
The Teachers Insurance and Annuity Association ofAmerica (“TIAA”)
MetLife Inc
Walmart, Inc
NRECA
The Campbell’s Company
JP Morgan Chase & Co
Chamber of Commerce
Stable Value Investment Association
John Hancock Financial Services
XPO
Clorox
Principaux dossiers
- Represented Natixis Investment Managers, L.P. and its Retirement Committee in a classaction challenging the inclusion of Natixis-affiliated mutual funds in its 401(k) plan. After aten-day bench trial, the court issued a complete defense verdict for Natixis.
- Representing The Teachers Insurance and Annuity Association of America (“TIAA”) in amatter in the District Court for the Southern District of New York brought by formeremployees of TIAA.
Mayer Brown
Mayer Brown has a stellar track record litigating complex disputes involving recordkeeping and managed account fees, forfeiture-related claims, and challenges to investment strategies and target-date funds. The group’s portfolio of clients includes plan sponsors, administrators, fiduciaries, and trustees. At the helm of the practice, Nancy Ross is widely renowned as an expert in defending employee benefits class action lawsuits under ERISA. Alongside Ross, co-lead Brantley Webb recently won a complete dismissal for Marmon Holdings in an ERISA excessive fee class action related to custom target-date funds in its 401(k) plans. A recent addition to the team, Richard Nowak, draws on in-house experience to counsel clients in class action lawsuits involving the full spectrum of benefit plans, from defined contribution and defined benefit plans to health and welfare plans. Alex Lakatos has a steady stream of cases related to 401(k) and 403(b) plans and ERISA class actions.
Responsables de la pratique:
Nancy Ross; Brantley Webb; Richard Nowak
Autres avocats clés:
Alex Lakatos; Nicole Saharsky; Matthew Moscon
Les références
‘Excellent subject matter knowledge and depth of team working on the case.’
‘Trial attorney Nancy Ross and appellate specialist Nicole Saharsky are the primary partners I have worked with. They are strong advocates and excellent strategic partners.’
‘They have a deep bench of truly experienced ERISA lawyers and sharp litigators.’
‘Nancy Ross has a wealth of knowledge. Matthew Moscon melds both ERISA knowledge and litigation chops and is a star.’
‘Mayer Brown’s ERISA litigation team are strategic masters. They are more effective because they are unafraid of taking a case to trial.’
‘Brantley Webb is masterful in expert battles. Rick Nowak is practical and strategic.’
Principaux clients
Marmon Holdings
HMS Host International
Siemens Corporation
Motion Picture Industry Pension Plans
Caesars Entertainment
Nordstrom
Cornell University
Shell Oil Company
American Airlines (Spence and Fischer)
Lumen Technologies
Lockheed Martin
Charter Communications
W.W. Grainger
Huntington Ingalls Industries
Mitsubishi Chemical America
Illinois Tool Works
New York University
University of Rochester
Yale University
Principaux dossiers
- Represented Marmon Holdings (a Berkshire Hathaway company) in a complete victory and dismissal of an ERISA excessive fee class action.
- Achieved a significant victory for the Board of Directors for the Motion Picture Industry Pension Plans and 50 individual directors in an ERISA class action challenging the design of the Motion Picture Industry Pension Plan and the Plan’s investment strategy.
- Obtained a significant summary judgment dismissal for their Caesars Holdings, Inc. (“Caesars”) in an ERISA class action challenging the investments offered to participants in the Caesars Entertainment Corporation Savings & Retirement Plan.
Morgan, Lewis & Bockius LLP
Morgan, Lewis & Bockius LLP boasts a heavyweight ERISA litigation offering that provides clients with comprehensive advice across class actions challenging pension risk transfers (PRTs), fiduciary prudence regarding investments and fees, tobacco cessation wellness programs, and the use of 401(k) plan forfeitures. The group is highly sought after by employers, fiduciaries, plan committees, insurers, and service providers on the full spectrum of disputes in federal courts across the nation. In Philadelphia, co-chair Jeremy Blumenfeld is a foremost expert in investments, recordkeeping practices, and the use of forfeitures in401(k) and 403(b) plans. Fellow co-chair Deborah Davidson in Chicago has substantial experience defending lawsuits involving the full gamut of employee benefit plans, from 401(k) and 403(b)retirement plans to defined-benefit plans and employee stock ownership plans (ESOPs). Rounding out the leadership, co-chair employee benefit practitioner Christopher Boran is chiefly engaged with alleged breach of fiduciary duty and imprudent investment claims involving retirement plans. Operating out of New York, Melissa Hill has seen recent activity representing clients in the financial services, technology, retail, healthcare, and insurance industries on complex disputes in federal, state, and appellate courts. In Boston, Keri Engelman exhibits proficiency in defending class actions and single-plaintiff matters. Matthew Russell is another notable individual who has been involved in defending clients in allegations of cutbacks or forfeiture of accrued benefits in defined benefit pension plans.
Responsables de la pratique:
Jeremy Blumenfeld; Deborah Davidson; Christopher Boran
Autres avocats clés:
Melissa Hill; Keri Engelman
Les références
‘Selected the firm for defense of 401(k) Class Action due to the breadth of their experience in defending the class actions across the nation and in the specific jurisdiction, and the quality of their briefing compared to others. Ultimately received a favorable result on the pleadings, and very pleased with their work product.’
‘Deborah Davidson was a pleasure to work with and helped explain the strategy and rationale for the defense.’
‘Jeremy Blumenfeld, partner specializing in ERISA litigation, led the Morgan Lewis team in the defense of a purported class action matter. Blumenfeld was particularly knowledgeable about the issues in the case, and the team worked seamlessly from various offices. Morgan Lewis also had access to and assembled an extraordinary team of experts and used them effectively; each member of the legal team was responsive and provided good service in a professional manner.’
‘Jeremy Blumenfeld, partner specializing in ERISA litigation, led the Morgan Lewis team in the defense of a purported class action matter. Blumenfeld was particularly knowledgeable about the issues in the case, and the team worked seamlessly from various offices. ’
‘Deep expertise and experience in ERISA 401(k) litigation. The leading firm in the country in that area. They give you a « head start » compared to any other firm because they have so much legal and substantive knowledge, and the written work product is superb.’
‘We have worked with Deborah Davidson, who is very responsive and is a clear communicator as well.’
‘The team has unparalleled expertise in the world of ERISA litigation, displays strong thought leadership, and is highly responsive.’
‘Jeremy Blumenfeld in particular was responsive and excellent at communicating issues with both attorney and non-attorney stakeholders.’
Principaux clients
Elevance Health Inc.
Recreational Equipment, Inc.
Providence Health
HP Inc.
Generac Power Systems, Inc.
U.S. Bancorp
Quest Diagnostics (Quest)
Dover Corp.
Principaux dossiers
- Represent Elevance, REI and Providence in putative ERISA class actions challenging the use of forfeitures in their 401(k) plans, Hendrickson v. Elevance HealthInc. (S.D. Ind.), Smith v. Recreational Equipment, Inc. (W.D. Wash.), and Halter v. ProvidenceHealth & Servs., et al. (W.D. Wash.).
- Counselled Elevance, REI and Providence and won the dismissal with prejudice of an ERISA 401(k) class action in Smith v.Recreational Equipment Inc., et al. (W.D. Wash.
- Represented and won the dismissal with prejudice of ERISA 401(k) putative class actions in Case v.Generac Power Systems, Inc,, et al. (E.D. Wis.), and Gosse v. Dover Corp. (N.D. Ill.).
O'Melveny
O'Melveny is renowned for its capabilities in ERISA litigation, advising a diverse roster of major corporations and financial services companies. Shannon Barrett and LA-based Catalina Vergara co-head the ERISA group. Barret is active across a range of ERISA issues, including fiduciary structures, fee disclosures, and regulatory investigations, while Vergara is a go-to for retirement plan sponsors in class actions. Brian Boyle has over two decades of experience in ERISA litigation mandates. Meaghan VerGow is a skilled litigator who has experience appearing in the US Supreme Court. Deanna Rice defends clients in class actions involving alleged breaches of fiduciary duty. All aforementioned practitioners are based in the Washington DC office unless otherwise mentioned.
Responsables de la pratique:
Shannon Barrett; Catalina Vergara
Autres avocats clés:
Brian Boyle; Meaghan VerGow; Deanna Rice
Principaux dossiers
Groom Law Group, Chartered
Groom Law Group, Chartered has a deep bench of specialists with a dedicated focus on complex ERISA Litigation, advising on the full spectrum of 401(k), ESOP defense, and plan forfeitures. The Washington DC-based department is a go-to for litigation involving fees and investments, health and welfare, pension plans, and ESOPs. Co-chair Lars Golumbic is a particularly reputable individual with expertise in representing health plan sponsors and health insurers. Sarah Adams has extensive experience representing fiduciaries in class actions involving employer stock, affiliated funds, and 401(k) and 403(b) plans. Challenges to 401(k) savings plan administration, stock drops and employee benefit plan modifications are core to William Delany‘s caseload. Rounding out the leadership, Andrew Salek-Raham is active in the ESOP space, regularly representing plan fiduciaries, service providers, and sponsors on overvaluation suits. Michael Prame continues to represent clients in lawsuits related to 401(k) investments and the use of forfeited contributions.
Responsables de la pratique:
Lars Golumbic; William Delany; Andrew Salek-Raham
Autres avocats clés:
Sarah Adams; Samuel Levin; Michael Prame
Principaux clients
Aetna Life Insurance Company
Amazon
American Airlines (PSA Airlines)
American National Red Cross
BAE Systems
Blue Cross & Blue Shield of Rhode Island
B. Braun Medical Inc.
DISH Network Corporation
Eli Lilly and Company
FCA US, LLC
FM Global
GreatBancTrust Company
Hess Corporation
Horizon Actuarial Services
Howard University
Intuit, Inc.
Kinder Morgan, Inc.
Labcorp of Americas Holdings
Live Nation
Lockheed Martin and Lockheed Martin Investment Management Company
Los Angeles City Employees’ Retirement System
New York City Employees’ Retirement System
Northeastern University
Northwestern University
Philips
Principal Financial Group
Regents of the University of California
Royal Caribbean Cruises Ltd.
RTX Corp. (formerly Raytheon Technologies Corporation)
San Francisco City and County Employees’ Retirement System
SeaWorld Parks & Entertainment, Inc.
University of Rochester
Voya Financial, Inc.
Wells Fargo
Willis Towers Watson
Yale New Haven Hospital
Aerotech, Inc.
Alerus Financial
Alorica
AMPAM Parks Mechanical, Inc.
Argent Trust Company
Ascensus, LLC
Astara Capital Partners
Bert Bell / Pete Rozell NFL Players Retirement Plan
ButcherJoseph
Carpenters of Western Washington Board of Trustees
Cheiron, Inc.
CMFG Life Insurance Company (CUNA Mutual)
CommonSpirit Health
Extreme Engineering, Inc.
ForUsAll, Inc.
JJF
Konica Minolta Business Solutions U.S.A., Inc.
Lift, Inc.
MidAtlantic Trust Company
Milliman, Inc.
Mosaic Capital Partners
North Highland
Nebraska Methodist Health System
New York State Teamsters Conference Pension and Retirement Fund
Pentegra Retirement Services
Prudent Fiduciary Services, LLC
Public Employees’ Retirement System of Nevada
Schnader Harrison
Sequoia Benefits and Insurance Services LLC
Sheet Metal Workers of Northern California Pension Plan
Sonic Auto
Steward Health Care System, LLC
Telephone & Data Systems
The ESOP Association
The Segal Company
True West
UWM
West Monroe Partners
Wilmington Trust, NA
Wilson Electric
Wintrust Financial Corporation
WPP Group USA
Zander Insurance
Principaux dossiers
- Secured a complete trial victory and award of defense costs defending our client, Laboratory Corporation of America Holdings (Labcorp), against multiple alleged ERISA violations, including claims of excessive administrative fees and investment expenses in McDonald v. Laboratory Corporation of America Holdings (M.D.N.C.).
- Achieved two recent motion to dismiss victories representing large corporations (our clients WPP Group USA, Inc. and BAE Systems) who were sued in connection with their handling of 401(k) forfeitures.
Jackson Lewis P.C.
Jackson Lewis P.C.'s comprehensive ERISA litigation practice stands out for its defense of high-value private pension plans. The group showcases deep knowledge of complex 401(k) plan fees, prohibited transactions, plan forfeiture, and stable value fund litigation. The department is also operating at the forefront of tobacco surcharge cases. The department fields a deep bench of talent that includes a duo from New Orleans, consisting of Howard Shapiro and René Thorne. Shapiro plays a central role in significant cases involving 401(k) Plans and 403(b) Plans, regularly defending against breach of fiduciary duty and prohibited transactions claims. Thorne is well-versed in the full range of ERISA class actions and is a go-to for employers, plans, plan fiduciaries, third-party administrators, and trustees. Typical engagements for New Orleans-based Lindsey H. Chopin include litigation surrounding tobacco surcharge, as well as excessive recordkeeping and administration fees. Stacey C.S. Cerrone litigates a wide array of class action claims filed against public and private single-employer and multi-employer ERISA plans.
Responsables de la pratique:
Howard Shapiro; René Thorne
Autres avocats clés:
Lindsey H. Chopin; Stacey C.S. Cerrone
Les références
‘The ERISA litigation team at Jackson Lewis PC is headquartered in New Orleans, LA, and staffed by a team of specialists dedicated to this one practice area. They offer the highest quality work and client service.’
‘Lindsey Chopin is highly experienced, works quickly, efficiently, and effectively. Lindsey is also very dedicated to ongoing client communication and strategic collaboration, and always available to answer questions or discuss concerns. Her commitment to customer service is excellent.’
Principaux clients
Knight-Swift Transportation Holdings
Macy’s, Inc.
The Travelers Cos.
The Nemours Foundation
Evonik Corporation
GreatBanc Trust Company
Denso International America, Inc.
Ochsner Clinic Foundation
TECO Energy, Inc.
Amy’s Kitchen
McLane Co. Inc.
Pride Mobility Products Corporation
GreatBanc Trust Company
Southeastern Freight Lines
WillScot Mobile Mini Holdings Corp
Principaux dossiers
Proskauer Rose LLP
Proskauer Rose LLP‘s New York-based team boasts a strong offering, leveraging close support from its compensation and benefits group and appellate practice group. The department is recognised for its nationwide presence, serving as full-service ERISA counsel to a broad range of clients, including plan sponsors, fiduciaries, service providers, and multiemployer funds. Myron Rumeld is renowned for his command over class actions related to employer stock and excessive fee claims, as well as fiduciary breach claims against trustees of multi-employer pension and welfare funds. Co-head Russell Hirschhorn has extensive trial experience, recently acting as co-counsel in a significant class action related to the actuarial framework for defined benefit plans. Joseph Clark assists with the full gamut of class action and ERISA breach claims. Neil Shah has carved out a niche representing the firm’s Taft-Hartley plan clients.
Responsables de la pratique:
Myron Rumeld; Russell Hirschhorn
Autres avocats clés:
Joseph Clark; Neil Shah
Les références
‘The team at Proskauer that I have interacted with appears to be a well-rounded, multifunctional team that communicates and operates well together. They engage early and often with consulting and potential testifying experts to analyze alleged violations, claimed remedies and potential exposures. As a result, they are able to provide the general counsel’s office with early case assessments, strategic plans on how to address allegations, and obtain buy-in from the end client; efficient and effective answers early in a case are extremely valuable in ERISA litigation. ’
‘I have had the most interaction with Russell Hirschhorn, who is thoughtful, inquisitive, and quickly grasps the economic issues. He works well with experts to align the legal and economic arguments and listens well to differing opinions to try to get the best answer for the client. ’
Principaux clients
Trustees of the IAM National Pension Fund
MetLife
Wells Fargo & Company
Weyerhaeuser Company
Christopher duPont
Intel Corporation
Equitable Financial Life Insurance Company
Kaleida Health
Bessemer Trust Company
California Institute of Technology
Trustees of the IBT Local 854 Pension and Health & Welfare Funds
The Metropolitan Transportation Authority, New York City Transit Authority, John Lieber (as Chairman and CEO of the Metropolitan Transportation Authority), The Long Island Rail Road, and the MTA Defined Benefit Pension Plan
Principaux dossiers
- Represents the Trustees of the IAM National Pension Fund, one of the largest multiemployer pension plans in the country with $14 billion in assets and almost 300,000 participants, in several matters challenging the methods and assumptions used to calculate withdrawal liability, including before the United States Supreme Court in the first withdrawal liability case the Court has decided to hear in almost 30 years.
- Represents MetLife in a high-stakes putative class action at the forefront of ERISA litigation, challenging the use of legacy group annuity mortality tables to convert accrued benefits into alternative forms of payment.
- Represents Wells Fargo & Company in one of the flagship matters related to a novel theory that health plan fiduciaries breached duties by allowing excessive payments to pharmacy benefit managers (PBMs), allegedly inflating participants’ out-of-pocket drug costs, brought by former participants in the Wells Fargo & Company Health Plan on behalf of a proposed class of hundreds of thousands.
Holland & Knight
Holland & Knight is noted by one client for its ‘expertise in ESOP transaction litigation’. The group’s portfolio of clients includes plan sponsors, trustees, and plan administrators who rely on the team for advice on both class actions and investigations. Todd Wozniak in Atlanta leads the team and focuses on alleged violations of ERISA by ESOP fiduciaries. Splitting her time between West Palm Beach and Atlanta, Lindsey Camp is a seasoned ERISA trial attorney whose caseload spans breach of fiduciary duty, prohibited transactions, excessive fee claims, and plan termination disputes. Over in Chicago, Chelsea Ashbrook McCarthy has deep knowledge of financial-based litigation, including class actions involving ESOPs and 401(k) plans. A further name to note is Monica Perkowski in Atlanta, who continues to support the team closely.
Responsables de la pratique:
Todd Wozniak
Autres avocats clés:
Lindsey Camp; Chelsea Ashbrook McCarthy; Monica Perkowski; Lynn Calkins
Les références
‘ERISA litigation is definitely a specialized practice area where experience is crucial. Holland & Knight does an excellent job keeping up with legal decisions and other developments pertinent to the practice area.’
‘Chelsea Ashbrook McCarthy and Lynn Calkins have been very easy to work with. They have provided excellent, timely advice in understandable terms. They have also been very responsive and willing to meet with our mutual client. ’
‘Subject matter expertise, practical knowledge of client operations. ’
Principaux clients
Isagenix Worldwide, Inc.
Torgerson Properties, Inc.
Miguel Paredes and Prudent Fiduciary Services, LLC
Kruse Western, Inc.
Credit Union Retirement Plan Association
Tenneco, Inc.
Dollar General
HCA Healthcare Inc.
Rentokil North America
Principaux dossiers
- Representing client in a first-of-its-kind putative class action alleging that the Company’s COVID-19 vaccination and tobacco-free wellness programs program discriminates against participants on the basis of a health-status related factor in violation of ERISA § 702 and applicable regulations.
- Defending several clients in a putative ERISA class actions relating to the use of forfeited employer contributions to offset future employer contributions in 401(k) defined contribution retirement plans.
- Representing fiduciaries in putative class actions alleging breaches of ERISA fiduciary duties and engagement in ERISA prohibited transactions arising from the sale or acquisition of company stock held by the ESOPs.
King & Spalding
Sitting within its business litigation department, King & Spalding‘s ERISA litigation practice is widely recognised for its comprehensive capabilities, working in tandem with its employee benefits and executive compensation and tax and healthcare teams. Leading the Atlanta-based department, David Tetrick is sought after for defending class actions involving investments and excessive fees. Darren Shuler is increasingly active defending clients on cases in the health and welfare Space. Trial lawyer Dana Berkowitz also takes point on representing health systems and healthcare provider networks.
Responsables de la pratique:
David Tetrick
Autres avocats clés:
Darren Shuler; Dana Berkowitz
Les références
‘I use Dana Berkowitz at this firm and I have to tell you I’ve had a lot of healthcare lawyers, but she is far away the best I’ve ever had. She’s the best in the world.’
‘I went through a trial where Dana Berkowitz was the attorney that everyone else relied on to find evidence, specific parts of depositions, etc… But without looking it up. In a lawsuit, things can go different ways so to have someone during a trial when it’s moving at a fast pace and a judge wants something, you have no idea the goodwill that it builds with the court to get them their information immediately. It sets you apart from opposing council; I saw it myself and it was extraordinary.’
‘This is a niche practice but King & Spalding is top of class and have really smart lawyers in this area.’
Principaux clients
The Home Depot Inc.
Chevron Corporation
Peabody Energy
Archegos Capital Management
DaVita Inc.
Floor & Décor Holdings, Inc.
Leprino Foods
Molina Healthcare, Inc.
Albertsons Companies Inc.
RWJ Barnabas
Cumulus Media Inc.
Steward Healthcare System LLC
The Home Depot Inc.
Chevron Corporation
Peabody Energy
Archegos Capital Management
DaVita Inc.
Floor & Décor Holdings, Inc.
Leprino Foods
Molina Healthcare, Inc.
Albertsons Companies Inc.
RWJ Barnabas
Cumulus Media Inc.
Steward Healthcare System LLC
Principaux dossiers
- Obtained the dismissal of a novel ERISA class action that was filed against Home Depot in the Northern District of Georgia challenging how forfeited matching contributions were used in the company’s 401(k) plan.
- Represents Home Depot in a U.S. Supreme Court appeal that seeks to challenge a significant victory we obtained in a certified ERISA class action involving the company’s 401(k) plan.
- Represents Archegos Capital Management, LP and Archegos Fund LP (collectively, ACM), a hedge fund that made national headlines in 2021 when its prime brokers liquidated close to $10 billion in holdings.
McDermott Will & Schulte
McDermott Will & Schulte is well-positioned to advise clients on ERISA matters, including 401(k) and 403(b) and ESOP fiduciary and prohibited-transaction litigation. In Chicago, co-head Ted Becker represents Fortune 500 companies, public and private organizations, from pre-litigation through to appeal across employee benefits, health, and retirement plans. Splitting his time between Chicago and Miami, co-head Christian Nemeth has a strong track record handling appeals, recently winning an appeal for Genentech in a 401(k) class action challenging custom target date funds. Drawing on his experience as a prosecutor, Julian Andre is relied on for defending ERISA class actions.
Responsables de la pratique:
Ted Becker; Christian Nemeth
Autres avocats clés:
Julian Andre
Les références
‘Depth of knowledge.’
‘Christian Nemeth is a subject matter expert.’
Principaux clients
BDO USA LLP
Berkshire Partners
Churchill Mortgage Company
Cigna
Discover Financial
ERISA Industry Committee (ERIC)
Genentech Inc.
GreatBanc Trust Company
HEICO
Houlihan Lokey Capital, Inc.
Inland Fresh Seafood
KPC Healthcare
Liberty Mutual
Life Insurance Company of the Southwest
LinkUS
Montefiore Medical Center
Nation Safe Drivers
Schneider Electric
Target
Maersk, Inc.
CrossFit USA
Principaux dossiers
- Defended the directors and top executives of Technical Associates of Georgia, Inc., an engineering and construction company, and the trustee of the company’s Employee Stock Ownership Plan (ESOP) in an ERISA federal class action case in the US District Court for the Middle District of Georgia.
- Represented the KPC ESOP Committee and its members in defending an ERISA disclosure lawsuit in the Central District of California, securing dismissal of two claims and later winning summary judgment on the core allegation that the Committee was required to produce a confidential ESOP transaction valuation report.
- Defended Genentech Inc. in a successful high-stakes ERISA class action challenging the fees in its US$7.6 billion 401(k) plan, securing dismissal of nearly all claims with prejudice, defeating an attempted appeal, and ultimately obtaining a full affirmance from the Ninth Circuit before settling the sole remaining claim for a minimal amount.
Seyfarth Shaw LLP
Seyfarth Shaw LLP has an established foothold in ERISA litigation, routinely deploying its capabilities to represent clients in ERISA claims for benefits, breach of fiduciary duty claims, including those related to alleged violations of the federal Mental Health Parity Act. Ian Morrison spearheads the team from Chicago and covers filings, trials, and appeals for both major employers and plan service providers. From San Francisco, Kathleen Cahill Slaught also heads up the team and is a key client contact for major clients in the healthcare space. Sam Schwartz-Fenwick represents large insurance companies, third-party administrators, large corporations, and welfare plans in an array of class actions, including prohibited transactions and excessive fee class actions. Ada Dolph also routinely handles 401(k) fee and single-plaintiff cases.
Responsables de la pratique:
Ian Morrison; Kathleen Cahill Slaught
Autres avocats clés:
Sam Schwartz-Fenwick; Ada Dolph
Principaux dossiers
Willkie Farr & Gallagher LLP
Willkie Farr & Gallagher LLP‘s Chicago-based group is geared to support employers and ERISA fiduciaries in class actions encompassing ERISA plan fees, reimbursement rights, pension overpayments, ERISA estoppel, and ESOPs. The practice deeply benefits from co-chair Craig Martin‘s top-tier trial track record, with experience appearing as lead counsel in high-stakes trials in state and federal courts for breach of fiduciary duty disputes. Co-chair Amanda Amert represents clients at both trial and appellate levels, and is adept at handling individual and class-action lawsuits. Adding further weight to the team, Kimberley Jones defends fiduciaries in class actions related to retirement plans and retiree health and death benefits. LaRue Robinson stands out for being active in ERISA litigation and investigations.
Responsables de la pratique:
Amanda Amert; Craig Martin
Autres avocats clés:
Kimberley Jones; LaRue Robinson; Matt D. Basil; Matthew J. Thomas
Les références
‘Kimberly Jones is excellent; I think it is difficult to find ERISA lawyers who are also good litigators. Kim rolls up her sleeves and is heavily involved, which I appreciate. I have found her also to be an exceptional communicator, and she has done a great job in briefings to company executives.’
‘Amanda Amert has a superior, and uncommon ability, to transform complex law and facts into understandable concepts. She’s the best of the best in her field.’
‘Amanda Amert is a true subject matter expert and has an appealing presentation style. This combination makes her a formidable opponent. Additionally, Amanda is very practical, which further increases her value to in-house counsel and businesses who rely on her counsel.’
Principaux clients
Northwestern University
The Northern Trust Company
Univar Solutions
Former Directors and Officers of Appvion Corporation
Aon Investments USA, Inc.
Olin Corporation
Northrop Grumman Corporation
University of Chicago
Principaux dossiers
- Represented Northwestern University as trial counsel in a case about investment vehicles for retirement plans affecting corporate America, specifically, that pose a substantial economic threat to higher education.
- Represented Aon as trial counsel in a major breach of fiduciary duty dispute related to the Public School Employees’ Retirement Systems in Pennsylvania.
- Defending the University of Chicago in an ERISA lawsuit involving a dispute over retirement plan death benefits in the Northern District of Illinois.
ArentFox Schiff
Branching out beyond traditional pension benefits defense cases, ArentFox Schiff has an ERISA litigation practice that is proficient in representing clients in a wide breadth of mandates, including health benefits cases. Caroline English, who oversees the Washington DC-based practice, specializes in representing healthcare providers, drawing on over two decades of experience to assist in both trial and appellate matters. Alison Andersen closely supports English and has deep client relationships with healthcare provider clients. Adept litigator Katie Heilman also comes recommended for her dispute expertise.
Responsables de la pratique:
Caroline English
Autres avocats clés:
Alison Andersen; Katie Heilman
Principaux dossiers
- Acting as lead counsel for the plaintiff/counter-claim defendant James Mills, who is an alleged plan administrator and fiduciary for a pension plan sponsored by the Dupont family.
Baker Botts L.L.P.
Baker Botts L.L.P. has a robust presence in the ERISA litigation space, representing clients in a range of mandates from breach of fiduciary duty claims to benefit entitlement claims. The team houses a bench consisting of trial lawyers with expertise in representing plans and fiduciaries in single-plaintiff and multi-plaintiff cases. In San Francisco, Christopher Rillo specializes in ERISA litigation and guides clients through 401(k) fee class actions. Rillo is praised for his ‘deep understanding of all aspects of ERISA’. Over in Houston, energy companies turn to Tina Nguyen for support with alleged breach and benefit claims.
Responsables de la pratique:
Tina Nguyen; Christopher Rillo
Les références
‘I have worked with Christopher Rillo and find him to be a very deep strategic and tactical thinker.’
‘I think Christopher Rillo has a very deep understanding of all aspects of ERISA. I think he also understands the policy reasons for the rules and therefore can litigate in a very effective manner.’
Principaux clients
American Benefits Council
Arbor MD Tree Care, Inc.
ConocoPhillips Company
ExxonMobil Corporation
IBEW-NECA Southwestern Health & Benefit Fund
Netflix Inc.
Oceaneering International
Phillips 66
Principal Financial Services, Inc.
Schlumberger Limited
Transocean Inc.
United Employee Benefit Fund
Principaux dossiers
- Defended Conoco Phillips and its Benefits Committee in a putative ERISA class action alleging fiduciary breaches related to Phillips 66 stock holdings in retirement accounts.
- Defended Netflix in an ERISA case challenging its administration of a health and welfare plan, including claims of untimely disclosure of plan documents.
Fox Rothschild LLP
Fox Rothschild LLP‘s ERISA litigation team is well-equipped to represent clients in 401(k)/403(b) plan prudence and excessive fee cases, health care and disability plan claims, and breach of fiduciary duty litigation. New York-based Brian Cousin advises on a range of fiduciary claims and single plaintiff ERISA mandates. In Atlanta, co-lead Kenton Coppage focuses on cases involving health and disability benefits under ERISA plans. Plan sponsors, fiduciaries, third-party administrators, and insurance companies turn to José Jara in New York for both risk mitigation and litigious matters.
Responsables de la pratique:
Brian Cousin; Kenton Coppage
Autres avocats clés:
José Jara
Les références
‘Brian Cousin is a star ERISA attorney. He has a strong command of retirement law and is a skilled craftsman for his clients. He responds quickly to client needs and communicates well’
‘This firm offers diverse practice areas and a wide pool of professionals suited to client’s requirements and budget.’
‘Partners exhibit deep experience, diverse skills, astounding retention of client specific information, composure suitable to work with Board of Directors and C-Level executives, flexibility with billing and consistent success.’
Principaux dossiers
- Representing Coca Cola Southwest Beverages LLC in its defense of a proposed ERISA class action involving its 401(k) plan in U.S. District Court for the Northern District of Texas.
- Defended LeGrand, an electrical, lighting and digital building infrastructure company, in a case brought under Sections 502(a)(1)(B) (29 U.S.C. § 1132(a)(1)(B)), and Sections 502(a)(1)(A) (c) (29 U.S.C. § 1132(a)(1)(A), (c)) of ERISA and against alleged violations of the Mental Health Parity and Addiction Equity Act (MHPAEA).
- Represents Texas-based JHD Company, a beverage distributor, in a dispute over who is the proper beneficiary of a participant in the company’s 401k plan who had a balance of over $2 million upon their death.
Gibson, Dunn & Crutcher LLP
Working in concert with the firm’s labor and employment practice, Karl Nelson, Ashley Johnson, and Heather Richardson have spearheaded a dedicated ERISA litigation team at Gibson, Dunn & Crutcher LLP. Leading the group from Dallas, Nelson and Johnson are strong litigators and regularly lead on complex class actions spanning pension benefits, fiduciary duties, tobacco surcharges, and excessive fees. Based in Los Angeles, co-head Heather Richardson has a strong track record in ERISA cases involving health plan administration and benefit determinations, recently acting as lead counsel for the defendant in Popovchak v. United Healthcare Services. Jennafer Tryck from Orange County assists the department in the full gamut of contentious mandates, defending large plan sponsors and insurers in trial courts and on appeal.
Responsables de la pratique:
Ashley Johnson; Karl Nelson; Heather Richardson
Autres avocats clés:
Jennafer Tryck
Principaux clients
Honeywell
United Surgical Partners International
UnitedHealth Group Inc.
Kimberly-Clark Corporation
UBS Group AG
The ERISA Industry Committee
Ford Motor Company
Financial Services Institute (FSI)
Securities Industry and Financial Markets Association (SIFMA)
Principaux dossiers
- Secured a series of consequential victories in the Ninth Circuit on behalf of United Behavioral Health (UBH) in Wit v. United Behavioral Health.
- Defending Honeywell, a Fortune 200 company, in a purported ERISA nationwide class action, claiming that one of its retirement plans pays insufficient benefits to surviving spouses.
- Represents Tenet Healthcare subsidiary United Surgical Partners International, Inc. (USPI) in its defense of a putative class action alleging health plan participants were charged an unlawful tobacco surcharge in violation of regulatory requirements under the Employee Retirement Income Security Act (“ERISA”).
Greenberg Traurig
Greenberg Traurig fields experienced ERISA litigators whose expertise spans fee disclosure, employer stock drop litigation, benefit discrimination, breach of fiduciary duties, and Department of Labour investigations. The group’s capabilities encompass defending ERISA fiduciaries and trustees, employer plan sponsors, plan administrators, and service providers in class actions and single plaintiff matters. Heading up the Silicon Valley-based practice, Magan Ray is frequently engaged as outside ERISA counsel and focuses on the design and operation of retirement plans and health and welfare benefit plans. Stephanie Ahmad closely supports Ray, assisting companies that are undergoing health benefits audits before the Department of Labor.
Responsables de la pratique:
Magan Ray
Autres avocats clés:
Stephanie Ahmad
Principaux dossiers
Miller & Chevalier Chartered
Miller & Chevalier Chartered‘s ERISA litigation practice centres around representing clients in ERISA health benefits cases, regularly defending companies, filing amicus briefs, and advising on government investigations and enforcement actions. The practice is distinguished by one client for its ‘exceptional knowledge of a very niche area, the Federal Employees Health Benefits Act’. Anthony Shelley is an experienced litigator with deep knowledge of issues surrounding pharmacy benefit administration. Shelley is also singled out for his appellate work.
Autres avocats clés:
Anthony Shelley
Les références
‘Miller & Chevalier’s lawyers have exceptional knowledge of a very niche area, the Federal Employees Health Benefits Act, as well as extensive experience litigating cases relating to this law. This makes them both the go-to resource for guidance and allows them to litigate cases very efficiently.’
Principaux clients
Association of Federal Health Organizations
Blue Cross Blue Shield Association
Blue Cross Blue Shield of Tennessee, Inc.
The ERISA Industry Committee (ERIC)
Wellmark Blue Cross and Blue Shield of Iowa
Estate of Phyllis M. Wyeth, through executor James Wyeth
The American Staffing Association
America’s Health Insurance Plans (AHIP)
Special Agents Mutual Benefits Association (SAMBA)
Blue Cross Blue Shield of Minnesota
Principaux dossiers
- Represent the New Jersey Staffing Alliance and the American Staffing Association in a challenge to a New Jersey law requiring staffing agencies to provide temporary workers with benefits equal to those of client companies’ direct hires.
- Represent a coalition of Iowa employers and benefit plans in challenging a new Iowa lawregulating pharmacy benefit managers (PBMs) doing business in Iowa that also regulates health benefit plans and those parties who sponsor, administer, and participate in those plans.
- Represented the Estate of Phyllis M. Wyeth in litigation involving a dispute over whether a trust established for domestic workers’ financial well-being constitutes an ERISA pension planand whether the trust’s fiduciaries committed breaches of ERISA fiduciary obligations.
Sidley Austin LLP
Public and private companies from a range of industries across healthcare, insurance, financial services, manufacturing, and technology trust Sidley Austin LLP‘s Chicago-based ERISA litigation practice for class actions related to 401(k) and health plans. Practice head Brian Kavanaugh has considerable experience counselling clients on cases related to insured and self-funded health plans. Caroline Wong continues to excel in ERISA cases, assisting with the full spectrum of matters, including excessive fee class actions related to retirement plans. Eric Mattson retired in 2025, while Brienne Letourneau joined the team from White & Case LLP in February 2025.
Responsables de la pratique:
Brian Kavanaugh
Autres avocats clés:
Caroline Wong; Brienne Letourneau
Principaux clients
CapFinancial Partners, LLC (d/b/a CAPTRUST Financial Advisors)
Blue Cross and Blue Shield of Texas
R.R. Donnelley & Sons Company
Cintas Corporation
Pfizer
Ardent Health Partners, LLC
Magna International
American Council of Life Insurers
Reliance Trust
Sun Country Airlines
Principaux dossiers
- Defending a first-of-its-kind ERISA class action relating to the pharmacy benefits program of the Johnson & Johnson (“J&J”) health plan.
- Represented CapFinancial Partners, LLC (“Captrust”) in a successful appeal to the U.S. Court of Appeals for the Second Circuit, cementing the client’s win in a class action involving two retirement plans offered by Cornell University.
- Defending Blue Cross and Blue Shield of Texas (BCBSTX) as alleged third-party administrator in several lawsuits in the Northern, Southern, Eastern, and Western Districts of Texas brought by dozens of physician groups and freestanding emergency facilities throughout Texas.
Trucker Huss, APC
Trucker Huss, APC has a robust grasp of ERISA litigation cases, demonstrating its capabilities in defending plans and fiduciaries in an array of litigious matters, from single plaintiff pension and health and disability benefit claims to class actions for fiduciary breach regarding investments and plan administration. Practice head Clarissa Kang is lauded for her ‘wealth of knowledge about ERISA in the litigation space’ and is a key client contact for employee benefit plans, plan administrators, plan sponsors, and other fiduciaries. Located in Los Angeles, Joseph Faucher continues to assist with a host of breach of fiduciary duty cases, from excessive fees to imprudent investments. Also in Los Angeles, Brian D. Murray is active in 401(k) class action litigation, claims for retirement and medical, disability benefits, as well as ESOP cases.
Responsables de la pratique:
Clarissa Kang; Joseph Faucher
Autres avocats clés:
Brian D. Murray
Les références
‘The lawyers at Trucker Huss have top-notch expertise on all aspects of benefits. They excel in providing practical guidance. The knowledge is more in-depth than that of many firms because they have lawyers specializing in specific areas of benefits. ’
‘Clarissa Kang is fantastic – a wealth of knowledge about ERISA in the litigation space, and she has a wonderful, calm way of working.’
‘A combination of knowledge, creativity, and availability.’