Affiliations

• American Bar Association
• Employee Benefits Committee of the ABA Section of Labor and Employment Law (Co-Chair of the Subcommittee on Employment Discrimination and Employee Benefits)

Representative Engagements

ERISA Litigation

• Allen v. Baxter Int’l, Inc., 37 Employee Benefit Cas. (BNA) 2843 (N.D. Ill. 2006) (summary judgment on severage pay claims, including claim under purported European severance pay plan)
• Aurelius v. Jones Lang LaSalle, Inc., 35 Employee Benefits Cas. (BNA) 2643 (N.D. Ill. 2005) (complaint seeking severance pay dismissed for based upon ERISA preemption and failure to exhaust administrative remedies)
• Bentley v. Bankers Life & Casualty Co. (W.D. Mo. 2000) (represented national insurance company in class action lawsuit brought by sales agent alleging that agents were entitled to coverage under employee benefit plans)
• Bevel, et al. v. Higginbottom, et al. (E.D. Okla. 2001) (represented independent fiduciary in breach of fiduciary duty claims brought by ESOP plan participants after plan sponsor filed for bankruptcy; summary judgment obtained as to certain claims; remaining claims favorably resolved at trial)
• Bock v. Computer Associates Int’l, Inc., 257 F.3d 700 (7th Cir. 2001) (obtained reversal of adverse judgment entered after bench trial of claim for denial of severance pay/estoppel/breach of fiduciary duty)
• Crosby v. Bowater Incorporated (Crosby I), 382 F.3d 587 (6th Cir. 2004) (in class action dispute regarding the application of pre-retirement mortality discounts in computing present value for purposes of payment of lump sum benefits under cash balance plan obtained appellate reversal of adverse district court decision)
• Crump v. Kennecott Corp. for Hourly Employees, BP Corp. North America, Inc., et al., 2:10-cv-1299-ROZ-PHX (D. Ariz.) (representation in putative class action alleging improper forfeiture of accrued pension benefits)
• Crosby v. Bowater Incorporated, et. al., No. 05-3478 (N.D. Ill.) (representation in putative class action seeking to revive claims alleged in Crosby I)
• Crowe, et al. v. Lucent Technologies Inc. Pension Plan, et al., No. CIV-04-1027-M, 2007 U.S. Dist. LEXIS 20689 and 20800 (W.D. Okla., March 22, 2007) (judgment as a matter of law granted in class action regarding eligibility for enhanced pension and retirement benefits)
• Downes, et al. v. Wisconsin Energy Corp. Retirement Account Plan, et al., No. 2:09-cv-637-LA (E.D. Wis.)  (representation in class action alleging ERISA violations in connection with operation of cash balance plan)
• El Paso Tennessee Pipeline Co. v. Yolton, No 06-201 (U.S. Supreme Court) (amicus brief on behalf of U.S. Chamber of Commerce and National Association of Manufacturers in support of petition for writ of certiorari)
• Felix, et al.  v. Lucent Technologies Inc., No. CJ 2002-190 (Dist. Ct. Okla. Cty.) (obtained dismissal of 400+-plaintiff action based upon ERISA preemption)
• French v. BP Corp. North America, Inc., et al., No. 2:08-cv-00216-DLB (E.D. Ky.) (obtained summary judgment in putative class action challenging conversion of traditional defined benefit plan to cash balance plan)
• Fletcher, et al. v. ZLB Behring LLC, Nos. 05-cv-2695,06-3768(N.D. Ill.) and 08-L-95 (Kankakee County IL) (representation in putative class action and subsequent mutli-plaintiff actions under ERISA, the ADEA, and state law claims challenging reduction in force; class certification deleted and summary judgment for the defense obtained)
• Gall v. Liberty Mutual, 26 Empl. Ben. Cases 1635 (N.D. Ill. 2001) (obtained summary judgment for employer on severance pay claim brought by former executive)
• George, et al. v. Kraft Foods Global, Inc., et al., Nos. 07-1713, 08-3799 (N.D. Ill.) (two class actions  alleging breaches of fiduciary duty in connection with 401(k) plan)
• Groussman, et al. v. Motorola, Inc., et al., No. 10 C 0911 (N.D. Ill.) (class certification defeated in class action “stock drop” case alleging breach of fiduciary duty in connection with 401(k) plan)
• Hakim v. Accenture United States Pension Plan, No. 1:08-cv-03682 (N.D. Ill.) (summary judgment obtained in putative class action alleging violation of ERISA Section 204(h) notice requirements)
• Hancock v. Dana Corp., 37 Employee Benefits Cas. (BNA) 1907 (M.D. Ala. 2006) (dismissal of ERISA breach of fiduciary duty claims)
• Honeysett v. Allstate Ins. Co., No. 07-cv-4220 (N.D. Ill.) (class action alleging ERISA fiduciary breach and violation of accrued benefit rules with respect to use of estimated Social Security benefits; case voluntarily dismissed with prejudice by plaintiffs after early motion for summary judgment)
• Howell, et al. v. Motorola, Inc., No. 07-3837 (7th Cir. 2011) (complete summary judgment for the defense affirmed in class action ERISA breach of fiduciary duty case related to investment in employer stock)
• Lupiani, et al. v. Wal-Mart Stores, Inc., et al., No. 03-5256 (N.D. Ark.) (representation in putative nationwide class action alleging ERISA reporting and disclosure violations, alleged prohibited transactions, and alleged fiduciary breaches)
• Martin, et al. v. Caterpillar Inc., et al (C.D. Ill.) (representation in suit alleging breaches of fiduciary duty in connection with 401(k) plan fees)
• Perillo, et al. v. AT&T Corp. (M.D. Fla.) (ERISA Section 510/anti-cutback claim regarding early retirement program and corporate sale; defeated class certification; partial summary judgment obtained as to 375 individual plaintiffs; successful representation at trial)
• Quinn v. Blue Cross Blue Shield Ass’n, 161 F.3d 472 (7th Cir. 1998) (obtained appellate reversal of adverse decision and subsequently obtained summary judgment in denial of disability benefits case)
• Speciale v. Blue Cross Blue Shield Association, 538 F.3d 615 (7th Cir. 2008) (obtained appellate reversal of summary judgment decision in claim for long-term disability benefit)
• Stiso v. International Steel Group d/b/a ArcelorMittal USA LLC, et al., No. 5:11-cv-02592-JRA (N.D. Ohio) (representation in putative class action alleging improper calculation of long-term disability benefits)
• Sullivan v. Computer Associates International, Inc., (E.D. Mo. 2001) (obtained summary judgment for employer on commission, severance pay, and wage payment act claims brought by former salesman)
• Street v. Ingalls Memorial Hospital, No. 06-2963 (N.D. Ill.) (representation in class action seeking to recover interest on delayed benefit payments; obtained dismissal of all ERISA claims)
• Weinkauf v. Unicare Life & Health Ins. Co. and Whirlpool Corp. Group Benefit Plan, No. 1:09-CV-638 (W.D. Mich.) (summary judgment obtained in claim for long-term disability benefits)

Other Representative Cases

• Adkins v. Mid-American Growers, Inc., 167 F.3d 355 (7^th Cir. 1999) (successful appeal of adverse decision in FLSA case challenging application of the agricultural exemption)
• Dow Chem. Co. v. Local No. 564, Int'l Union of Operating Eng'rs, 83 Fed. Appx. 648 (5th Cir. 2003) (affirming district court decision partially vacating adverse arbitration decision)
• Schuster v. Lucent Technologies Inc., 327 F.3d 569 (7th Cir. 2003) (affirming summary judgment for employer in ADEA case challenging termination of engineer during reduction in force)
• Haywood v. Lucent Technologies Inc., 323 F.3d 524 (7th Cir. 2003) (affirming summary judgment for employer in race and sex discrimination claim)
• Wood v. Motorola, Inc., No. 99-3173 (7th Cir. 25, 2000) (affirming summary judgment for employer in race discrimination case)
• Porter v. Bankers Life & Casualty Co., No. 01-cv-6183 (N.D. Ill. 2003) (obtained summary judgment for employer in multi-count lawsuit brought by terminated senior manager alleging defamation, intentional infliction of emotional distress, and numerous other claims)
• Tardi v. Grayhill, Inc., No. 99L1940 (Cir. Ct. Cook County, Ill. 2002) (obtained summary judgment for employer in wrongful termination claim brought under state law)

Presentations

• “Remedies After Amara,” Guest Lecturer on Contemporary Benefits Issues, John Marshall Law School  (March 2012)
• “Litigation Trends for 2011/2012,” Seyfarth Shaw Workplace Class Action Webinar (February 2012)
• “Defending ERISA Class Actions Amid an Evolving Litigation Landscape -- Leveraging Recent Developments and Supreme Court Rulings,” Strafford Publications, Inc. (September 2011)
• “Employment Discrimination and Employee Benefits,” American Bar Association’s ERISA Litigation National Institute (November 2009 and November 2010)
• “ERISA Litigation:  What Your Committee Needs To Know,” Pension & Investments 12^th Annual West Coast Defined Contribution Conference (November 2, 2009)
• “Retirement Plan Fiduciary Duties:  Reducing Legal Risks in the Current Market,” Strafford Publications, Inc. (September 2009)
• “Employment Discrimination and Employee Benefits,” American Bar Association’s ERISA Basics National Institute (2008-2011)
• “Fiduciary Breach Litigation,” American Bar Association’s ERISA Litigation National Institute (November 7, 2008)
• Presenter at the American Bar Association’s Employee Benefits Committee Mid-Winter Meeting (February 2007-2011)
• “New 5500 Reporting and Disclosure Obligations and Liability for Failure to Comply,” presented at the 1st Annual National ERISA Fiduciary Executive Summit, New York, NY (November 2008)
• Faculty at the American Bar Association’s ERISA Litigation National Institute (2008-2010)
• Practical Litigation Strategies: Defending Against Multi-Plaintiff, Class and Collective Action Employment Litigation, Northstar Conferences, New York, NY (May 2005)

Publications

• Co-Author,  “401(k) Fee Litigation,” Practical Law Company (January 2010) (with Sam Schwartz-Fenwick)
• Contributor, “General Counsel Agenda,” Practical Law (June 2010)
• Contributing Editor, “Employee Benefits Law,” BNA (2006-2011 Supplement)
• Co-Author, “ERISA Class Action Survey,”60 Labor Law Journal (CCH) 41 (Spring 2009) (with Gerald L. Maatman, Jr. and Diane M. Soubly)
• “A Primer on ERISA Remedies In Private Party Litigation,” Employment Law Update, Henry H. Perritt, Jr., ed. (2007)
• “Should the Securities Exchange Act be the Sole Federal Remedy for an ERISA Fiduciary Misrepresentation of the Value of Public Employer Stock,” The John Marshall Law Review, Vol. 39 (2006) (with Mark A. Casciari)
• “Corporate Reorganizations and ERISA Section 510 – A Clear and Present Class Action Danger,” 15 Benefits Law J. 49 (Spring 2002) (with Mark A. Casciari)
• ERISA & Employee Benefits Litigation Blog, frequent contributor