
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.
Legal 500 Editorial commentary
Accolades
Client satisfaction: Lawyer & team quality
Client satisfaction: Billing & efficiency
Client satisfaction: Sector knowledge
Client satisfaction: NPS ®
Testimonials
Collated independently by Legal 500 research team.
‘Depth of knowledge.’
‘Christian Nemeth is a subject matter expert.’
Key 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
Work highlights
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.
Lawyers
Leading partners
The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.
Practice head
Ted Becker; Christian Nemeth
Other key lawyers
Julian Andre


