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.
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Testimonials

Collated independently by Legal 500 research team.

  • ‘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.’

Key clients

  • Elevance Health Inc.
  • Recreational Equipment, Inc.
  • Providence Health
  • HP Inc.
  • Generac Power Systems, Inc.
  • U.S. Bancorp
  • Quest Diagnostics (Quest)
  • Dover Corp.

Work highlights

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.).

Lawyers

Leading partners

The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.

Jeremy Blumenfeld
Jeremy Blumenfeld
Deborah Davidson
Deborah Davidson
Christopher Boran
Christopher Boran
Practice head

Jeremy Blumenfeld; Deborah Davidson; Christopher Boran

Other key lawyers

Melissa Hill; Keri Engelman