Nick is a trial partner in Dorsey’s office in Minneapolis. His practice focuses on complex and high-stakes commercial litigation at the trial and appellate levels. He has particular expertise in defending clients in ERISA class actions involving both retirement and health and welfare plans. In his ERISA practice, Nick has represented some of the largest companies in the world in industries ranging from banking to healthcare.
On August 21, 2023, the U.S. District Court for the District of Minnesota largely dismissed—for a second time—a putative ERISA class action challenging “excessive” fees and “poor” performance in a 401(k) plan. Fritton v. Taylor Corp., No. 22-cv-00415 (ECT/TNL), 2023 U.S. Dist. LEXIS 145940 (D....
ERISA’s prohibited transaction rules are notoriously complex and opaque. On August 4, 2023, the Ninth Circuit issued an important decision on those prohibited transaction rules that arguably conflicts with decision from the Third and Seventh Circuits, setting the stage for potential review by the U.S....
Recently, federal appellate courts have begun tightening the pleading standards for ERISA breach of fiduciary duty claims based on the fees or performance of funds in 401(k) and 403(b) plans. To state a viable claim based on fees or performance, a plaintiff must, among other...
On July 20, 2023, a federal judge in Massachusetts rejected defendants’ request to certify an interlocutory appeal to the First Circuit to clarify the proper pleading standard for ERISA breach-of-duty claims. See Monteiro v. The Children’s Hospital Corp., 1:22-cv-10069-AK, ECF 66 (D. Mass). In this...
On May 23, 2023, the U.S. District Court for the Western District of Missouri dismissed a putative ERISA class action challenging “excessive” fees in a 401(k) plan. Barrett v. O’Reilly Automotive, Inc., 6:22-cv-03111-BCW (W.D. Mo.). This is the latest in a trend of ERISA lawsuits...
A federal court in Wisconsin recently allowed a putative ERISA class action in Lucero v. Credit Union Ret. Plan Ass’n to proceed to discovery on the claim that a 401(k) plan paid excessive recordkeeping fees. This decision highlights an important trend in ERISA litigation. Lucero...
The Ninth Circuit just reversed decisions from the U.S. District Court for the Northern District of California in Wit v. United Behavioral Health, which had ordered United Behavioral Health (“UBH”) to reprocess thousands of claims for behavioral and mental health treatment. Wit is an ERISA...
A California federal court recently dismissed an ERISA class action claiming that the investment options in Intel Corp.’s 401(k) plan were too expensive and unperformed. In reaching that decision, the court followed a framework set forth by the Eighth Circuit in Meiners v. Wells Fargo...
The U.S. District for the District of Minnesota has denied class certification to putative classes of ERISA plan participants challenging rising EpiPen prices. The participants alleged that four of the largest pharmacy benefit managers (“PBMs”) owned and breached ERISA fiduciary duties to health plan participants...
On June 29, 2020, the IRS issued guidance that gives some relief to plan sponsors that amend their safe harbor Section 401(k) or 401(m) plans mid-year to reduce employer safe harbor matching/nonelective contributions due to the COVID-19 pandemic. The IRS notice can be found here.
Andrew HollyAndrew represents clients in a wide range of complex civil matters.
Nick BullardNick is a trial partner in Dorsey’s office in Minneapolis. ...
Tim ArendsChair of the Benefits and Compensation practice group, Tim devot...
Shannon BjorklundShannon provides advice and litigation assistance to companies...
Tim GoodmanTim Goodman works with employers on medical plans, retirement pl...
Alan IversonAlan is a litigator in Dorsey’s trial group with a focus on cli...
Stephen P. LuckeSteve represents businesses, employers, insurers, and fiduciarie...
Marianne O'BaraMarianne works regularly with numerous non-U.S. companies and t...
Kirsten SchubertKirsten helps clients large and small navigate all aspects of com...
Michael VovesEmployee Benefits, Minneapolis
