Securities and Finance

ERISA Actions

ERISA Actions

In the last quarter century, employee benefit plans, especially 401(k) defined-contribution retirement plans, have become increasingly important as a means for saving for retirement and other purposes. Historically, litigation has arisen when stock or bond market fluctuations have imposed losses on these plans. The current financial crisis is no exception, and ERISA litigation over losses in these plans is once again on the rise. These losses typically relate to retirement plans containing employer stock in companies hit hard by the crisis. Shareholders may also pursue litigation over other poorly performing investments in 401(k) plans. In addition, crisis-related retirement plan disputes have arisen over such issues as the investment of cash collateral held in securities-lending programs.

Experts in NERA's Securities and Finance Practice have deep expertise in addressing the financial questions at issue in ERISA litigation, including prudence and reasonableness of decisions by fiduciaries, disclosure of information to plan participants, and estimation of losses to a plan or to its participants from alleged wrongdoing. In some cases, allegations are closely related to allegations in parallel shareholder class actions. In other cases, the allegations center on the retention of employer stock as an investment despite events (such as imminent bankruptcy) that heightened the risk of that stock. NERA's experts have also analyzed issues of allegedly excessive fees in 401(k) plans.

Name Title Location Phone Email
Dr. Andrew Carron Chairman New York City
London
+1 212 345 5407
+44 20 7659 8500
andrew.carron@nera.com
Lucy P. Allen Managing Director New York City +1 212 345 5913 lucy.allen@nera.com
Dr. Patrick Conroy Managing Director
Chair of NERA's Securities and Finance Practice
New York City +1 212 345 1466 patrick.conroy@nera.com
Dr. Vinita Juneja Managing Director
Chair of NERA's White Collar, Investigations and Enforcement Practice
New York City
London
Toronto
+1 212 345 3148
+44 20 7659 8618
+1 416 868 7314
vinita.juneja@nera.com
Dr. Denise Neumann Martin Managing Director New York City +1 212 345 5296 denise.martin@nera.com
Dr. Chudozie Okongwu Managing Director New York City
London
+1 212 345 5003
+44 20 7659 8568
chudozie.okongwu@nera.com
Dr. Faten Sabry Managing Director
Bankruptcy Practice Chair
New York City
London
+1 212 345 3285
+44 20 7659 8618
faten.sabry@nera.com
Dr. David Tabak Managing Director New York City +1 212 345 2176 david.tabak@nera.com
Robert Patton Associate Director Toronto
London
New York City
+1 416 868 7318
+44 20 7659 8620
+1 212 345 3269
robert.patton@nera.com
Dr. Stephanie Plancich Associate Director New York City +1 212 345 7719 stephanie.plancich@nera.com
Raymund Wong Associate Director New York City +1 212 345 9361 raymund.wong@nera.com
Stefan Boettrich Senior Consultant New York City +1 212 345 1968 stefan.boettrich@nera.com
Dr. Airat Chanyshev Senior Consultant New York City +1 212 345 7336 airat.chanyshev@nera.com
Title Type Author
Expert Analysis: Financial Crisis Anniversary - Trends In Credit Crisis Settlements Published Article By Faten Sabry, Sungi Lee, and Linh Nguyen
PDVSA’s Peculiar Oct. ’22 Bond May Carry Elevated Risks Report By Timothy McKenna and Raphael Starr
Securities Class Actions: 2016 Full-Year Review and Mid-2017 Flash Update Published Article By Stefan Boettrich and Svetlana Starykh
BSA/AML Compliance and Enforcement: An Update for the Securities and Derivatives Indu... Published Article By. Sharon Brown-Hruska
Not All MBS Settlements Are Equal White Paper By Faten Sabry, Sungi Lee, and Linh Nguyen
Securities Class Actions Appear to Be Largely ‘Price-Maintenance’ and Omissions Cases White Paper By Dr. David Tabak
Trends in Canadian Securities Class Actions: 2016 Update Report By Bradley A. Heys & Robert Patton
Satisfying Fiduciary Duty Under ERISA Published Article By Dr. David Tabak