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Morgan, Lewis & Bockius LLP

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Brian T. Ortelere

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Morgan, Lewis & Bockius LLP

Work Department

Labor & Employment


A partner in the labor and employment practice at Morgan Lewis, Brian Ortelere defends employee benefits litigation, including Employee Retirement Income Security Act (ERISA) class actions. Co-chair of the ERISA litigation practice, he litigates class action claims challenging the administration of 401(k) plans, cash balance plans, and employee stock ownership plans (ESOPs). With his victory in Renfro v. Unisys, Brian became the first US lawyer to defeat “401(k) excessive fee” claims on a motion to dismiss and to successfully defend the judgment in the US Court of Appeals. For more information, view his bio at


Brian frequently speaks on benefits topics and ERISA litigation at legal conferences and the Wharton School of the University of Pennsylvania.


College of William & Mary, J.D., 1986; Muhlenberg College, A.B., 1983

United States: Labor and employment

ERISA litigation

Within: ERISA litigation

Morgan, Lewis & Bockius LLP’s ERISA litigation practice has ‘a great track record of success’ in stock-drop litigation, retiree medical class actions and suits challenging stable value fund investments. The team is jointly headed by Brian Ortelere and Jeremy Blumenfeld, who both sit in Philadelphia and are noted as ‘creative thinkers who have pioneered winning defense strategies over the years’. Standout highlights include acting for FMC Corporation and General Cable in a set of fiduciary breach claims, and successfully defending Ampco-Pittsburgh Corporation against a putative class action claiming breaches of its collective bargaining agreement. Further, Ortelere and Chicago-based co-head Deborah Davidson secured a full dismissal for Washington University in St. Louis in a 403(b) plan excessive fee claim, and Chicago-based Christopher Boran obtained a dismissal for the University of Pennsylvania in a similar class action. Additionally, Melissa Hill in New York secured a win for the New York City Department of Education in an ERISA withdrawal liability lawsuit involving over $100m in potential damages. Practice leader Grace E. Speights sits in Washington DC.

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