Baker Botts L.L.P. combines its trial expertise with its knowledge and experience in ERISA litigation, employee benefits and executive compensation matters to aid fiduciaries of ERISA plans and fiduciaries across the US in a range of matters. The firm has been active in representing clients in single-plaintiff, multi-plaintiff and class action matters across a variety of services, including breach of fiduciary duty claims, benefit entitlement claims and medical provider claims against employer plans. The firm benefits from its history working with energy companies to undertake ERISA litigation and advisory services for energy companies. In San Francisco, Christopher Rillo is an experienced ERISA litigator focused on all areas of benefits litigation, including benefit issues involving ESOPs, plan fee litigation and retiree health litigation. Houston-based trial lawyer Tina Nguyen focuses on pension and ERISA matters including lease and power purchase agreements. Earl Austin, in Dallas, is a key name, and Scott Nelson, based in Houston, joined the team from Hunton Andrews Kurth LLP in February 2024.
Legal 500 Editorial commentary
- Profile
Key clients
- American Benefits Council
- Arbor MD Tree Care
- ConocoPhillips Company
- ExxonMobil Corporation
- Halliburton
- Houston Municipal Employees Pension System
- IBEW-NECA Southwestern Health & Benefit Fund
- Netflix Corporation
- Oceaneering International
- Patterson-UTI Energy
Work highlights
- Defended ConocoPhillips Company and the ConocoPhillips Company Benefits Committee in a putative class action, where plaintiffs are asserting claims for breaches of fiduciary duty and co-fiduciary liability resulting in a potential loss of plaintiff’s stock. Defendants successfully contested venue in Oklahoma based on a venue provision in the ERISA plan, and then filed a motion to dismiss in the Southern District of Texas, which was granted in full.
- Defending Netflix against an ERISA matter that is seeking to disqualify Netflix’s high deductible welfare plan which could result in damages exceeding $50m.
- Concluded representation of the administrative committee of the Seventy Seven Energy LLC Retirement and Savings Plan and the individual members of the committee in a putative class action filed by the plaintiff in the U.S. District Court, alleging that the defendants breached their fiduciary duties of prudence and diversification under ERISA by failing to divest Chesapeake Energy stock in the plan after the client was spun off from Chesapeake Energy.
Lawyers
Practice head
Tina Nguyen; Christopher Rillo
Other key lawyers
Earl Austin; Scott Nelson