ERISA litigation in United States

The ERISA litigation practice at Morgan, Lewis & Bockius LLP remains at the forefront of 403(b) university plan litigation, with Philadelphia-based co-head Brian Ortelere and Chicago-based co-head Deborah Davidson representing premier clients including acting for the Washington University in St. Louis in headline proceedings regarding underperforming investment options. In another highlight, Philadelphia-based co-head Jeremy Blumenfeld, Chicago-based Christopher Boran and Sari Alamuddin obtained favorable results for professional services clients in 401(k) class action litigation regarding poorly performing ERISA investment options and bookkeeping; the practice also successfully defended global leaders in the aerospace industry in stock-drop litigation filed by 401(k) plan participants. As a key partner in the New York office, Melissa Hill handles fiduciary breach and prohibited transaction disputes for high-profile clients, and Grace Speights is a noteworthy name in Washington DC. Clients in the financial services, transport, manufacturing, insurance and non-profit sectors also instruct the team.

Led from Washington DC by Brian Boyle, O'Melveny & Myers LLP’s ERISA litigation practice is one of the most active firms for defending globally recognised entities in the entertainment, financial services, education, aerospace and investment management industries in ERISA class actions. The deep bench includes Shannon Barrett, Catalina Vergara and Meaghan VerGow, who routinely handle 401(k) fiduciary breach litigation involving multibillion-dollar plans. As well as handling a slew of disputes involving excessive fee and underperforming investment options, the team is defending clients in high-stakes disputes concerning exclusive proprietary investment strategies and prohibited self-dealing transactions. Noted health plan litigation expert Gregory Jacob recently left the firm to serve as Counsel to the US Vice President, however Boyle and VerGow also have extensive knowledge in the space, and are currently representing world-leading healthcare company UnitedHealth Group in a putative class action alleging improperly denied facility fee payments.

The ERISA litigation team at Goodwin is one of the foremost names in excessive fee litigation, having obtained landmark and precedent-setting judgements for investment management and life insurance clients, with proceedings led by practice head James Fleckner. In novel litigation concerning fiduciary breach allegations, Alison Douglass and counsel Jack Cleary are representing numerous financial services clients in disputes concerning the improper use of participant data. Further ongoing cases involve the use of active funds over collective investment trusts. The group also handles employer stock-drop litigation including proprietary challenges into company 401(k) stock, recently acting for a number of multinational conglomerates. All noted practitioners are based in Boston.

Top benefits boutique Groom Law Group, Chartered fields a comprehensive Washington DC-based ERISA litigation bench led by Lars Golumbic. The team, which also includes renowned litigator Michael Prame, represents plan sponsors and fiduciaries in all fiduciary breach proceedings including excessive fee and prohibited transaction claims. Sarah Adams recently obtained successful results in church plan and retiree health plan litigation on behalf of a portfolio of service providers. Mark Nielsen is currently defending leading life insurer Aetna in numerous complex class action cases; claims concern the denial of benefits under clinical policies for experimental treatments.

In recent work, Mayer Brown’s ERISA litigation practice obtained a raft of favorable results for 403(b) university plan sponsors — including Cornell University, Georgetown University and George Washington University — in high-profile breach of fiduciary litigation; group co-heads Nancy Ross and Brian Netter (sitting in Chicago and Washington DC respectively) led the proceedings. Chicago-based Richard Nowak and associate Samuel Myler add considerable bench strength to the range of disputes handled, including acting in excessive fee, prohibited transaction and all other 401(k) fiduciary breach claims. The team represented market-leading aerospace defense contractor Northrop Grunman Corporation in a dispute regarding its right to recoup benefits overpayments, and also defended AT&T in a challenge to its use of actuarial assumptions.

Recent trial wins for McDermott Will & Emery LLP’s ERISA litigation team saw New York-based Andrew Liazos securing dismissals for healthcare clients in excessive fee litigation; Chicago-based co-head Ted Becker successfully handling complex ESOP litigation; and Miami-based co-head J. Christian Nemeth handling underperforming investment disputes for biotechnology clients. Practice co-head Brian Cousin’s New York-based team saw considerable growth with several partner hires from Kirkland & Ellis LLP, including Joshua Simon, who represents healthcare insurers in putative ERISA class actions. Cousin also secured significant wins against the DOL for clients in the non-profit sector.

Proskauer Rose LLP’s ERISA litigation practice is a go-to name for a number of complex litigation proceedings, most notably for disputes involving billion-dollar Taft Hartley multiemployer funds. Recent representative matters saw co-head Myron Rumeld defending household-name entertainment, logistics and food and drink companies in breach of fiduciary duty and withdrawal liability claims. Stock drop litigation and disputes concerning underperforming 401(k) investments and prohibited transactions are also fields of focus: co-head Russell Hirschhorn is representing major companies in the financial services, insurance, technology and IT sectors in high-value proceedings, and also handles DOL investigations. The practice is based in New York.

With substantial teams in San Francisco and Chicago (led by Kathleen Cahill Slaught and Ian Morrison respectively), Seyfarth Shaw LLP’s ERISA litigation practice is retained by a diverse client portfolio to handle the full range of disputes and pre-litigation risk management issues. Chicago-based Mark Casciari regularly represents Taft Hartley employers in withdrawal liability litigation, while San Francisco-based Ward Kallstrom represents ERISA medical plans in defense actions and claw-back prosecutions. In the 401(k) space, the team successfully represented a range of financial services, retail and energy sector employers in ERISA class action suits alleging fiduciary breaches and prohibited transactions involving proprietary investment options.

Willkie Farr & Gallagher LLP’s ERISA litigation practice entered the higher end of the market owing to the recruitment of, among others, Craig Martin, Amanda Amert and counsel Michael Graham (previously of Jenner & Block LLP) to the Chicago office, bringing with them a book of clients in the insurance, asset management, financial services and higher education sectors. Led by Amert, who chairs the firm’s ERISA litigation group, the team obtained successes in litigation concerning ESOPs, 403(b) plans and 401(k) fiduciary breaches. The group also handles putative class actions regarding the use of target-date funds and DOL investigations.

King & Spalding LLP is a leading name for ERISA litigation in the Southeast, thanks to practice head David Tetrick’s Atlanta-based office. Fielding Darren Shuler (also based in Atlanta) and Washington DC-based Bobby Burchfield, the practice handles all fiduciary breach disputes involving excessive fees, proprietary mutual funds and the administration of health and welfare benefits plans. High-profile client Coca-Cola recent engaged the team on a dispute concerning benefits entitlements under a top-hat plan. The group also has strength in litigation concerning multiemployer withdrawal liability claims.

The ERISA litigation experts at Paul, Weiss, Rifkind, Wharton & Garrison LLP are regularly engaged by household-name corporate sponsors and fiduciaries to defend clients in high-value litigation. Practice head Lewis Clayton has secured significant wins for insurance and financial services clients in multibillion-dollar stock-drop claims and breach of fiduciary actions alleging excessive fees of mutual funds and underperforming investments. The group also handles actuarial malpractice disputes and healthcare benefits disputes. The team is based in the New York office.

Greenberg Traurig, LLP’s ERISA litigation practice co-heads are situated across the country, with James Bourdreau in Philadelphia, Naomi Beer in Denver, James Nelson in Sacramento and Jeffrey Mamorsky in New York. The group has notable strength in excessive fee litigation, and is regularly engaged by a diverse set of high-profile clients in single-plaintiff benefits disputes concerning disability benefits under ERISA. The firm’s sophisticated Fiduciary Audit Operational Review tool provides extensive risk management analysis support and advice on corrective measures. Former co-head Todd Wozniak departed for Holland & Knight LLP.

Jones Day's Washington DC-based ERISA litigation practice is a preferred choice for multiemployer fund plan sponsors spanning the telecoms, retail, transport and food and drink sectors. Key partners Evan Miller and Miguel Eaton defend clients in withdrawal liability litigation of Taft-Hartley plans, and recently secured a number of precedent-setting wins. The group also focuses on retiree health plan litigation, particularly in the context of multibillion-dollar bankruptcy proceedings. Kevin Noble is noted for his pension de-risking expertise.

Schulte Roth & Zabel LLP is highly active in the field of multi-employer litigation under the leadership of New York-based practice heads Ronald Richman and Mark Brossman. The pair recently handled withdrawal liability litigation for a diverse range of pension funds before the bankruptcy court and acted in arbitration proceedings.

Weil, Gotshal & Manges LLP defends plan sponsors in defined contribution fiduciary breach litigation, health plan litigation and DOL enforcement actions. New York-based Jeffrey Klein and Nicholas Pappas are the main contacts.