• Successfully defended an outsourced chief investment officer (“OCIO”) at trial on class claims that the OCIO breached fiduciary duties in selecting proprietary investment options for the client plan.
• Successfully defended a large health insurer at trial on class claims that the insurer violated ERISA and health plan documents in implementing a policy denying “facility fee” reimbursement to office-based surgeries.
• Represented multiple mutual fund complexes in litigation challenging the presence of proprietary investment options in a 401(k) plan
• Obtained dismissal of a class action against retirement services providers in nationwide ERISA class action fiduciary litigation challenging the reasonableness of fee structures in thousands of separate 401(k) plan service arrangements
• Represented a directed trustee and mutual fund investment adviser in multiple, separate ERISA actions seeking to impose fiduciary and non-fiduciary liability for allegedly excessive administrative and investment management fees, and allegedly substandard investment performance
• Obtained a dismissal of a nationwide provider class action challenging the administration of "pre-approval" requirements in health insurance policies
• Obtained a denial of class certification and summary judgment on a named plaintiffs' claims in a nationwide ERISA class action challenging the method for coordinating private health plan secondary payments with Medicare benefits
• Obtained a denial of a class certification in a nationwide class action alleging nondisclosure of "death spiral" in closed book of individual health policies
• Obtained dismissal of federal RICO claims against mortgage servicer arising out of default mortgage servicing practices

Investment and Retirement Plan Services

• Represented a mutual fund complex in nationwide ERISA class action litigation challenging procedures for distributing "float" earnings on retirement plan contributions and redemptions
• Represented a life insurer and its affiliates in nationwide ERISA class action litigation challenging fees collected on insurance separate account investment options
• Represented multiple plan sponsors in ERISA fiduciary litigation raising claims of imprudence and prohibited transactions in connection with the selection of mutual fund investment options

Health Plan Services

• Represented a health insurer in multiple nationwide ERISA class action challenging the procedures used for recovery of claim overpayments
• Obtained, on appeal, a reversal of a trial court order certifying a class of 250 hospitals on claims that a managed care organization serving as a contractor to the military's TRICARE management activity had underpaid claims for outpatient claims over a 10-year period
• Obtained a dismissal of a nationwide ERISA class action claims over the administration of out-of-network health insurance benefits
• Obtained a dismissal of a nationwide class action consumer fraud claims concerning an insurer's marketing and administration of fixed indemnity health policies
• Obtained dismissal of multiple class actions challenging a health insurer's assertion of subrogation and reimbursement rights against tort recoveries by plan beneficiaries
• Obtained a dismissal, on jurisdiction and exhaustion grounds, of nationwide class action litigation against a large Medicare Advantage contractor over an alleged misclassification of Medicare Part B and Part D drugs
• Obtained a denial of class certification in a nationwide class action challenging a health insurers' alleged operation of "silent PPO"
• Served as lead counsel for a managed care company in a multi-defendant action alleging that managed care companies and full-service hospitals engaged in a group boycott of a new-entrant specialty hospital
• Served as lead counsel for a large managed care company in In re Managed Care Litigation (MDL No. 1334; S.D. Fla.), encompassing a series of nationwide class actions on behalf of health plan subscribers, and the physicians and other health care providers who serve them
• Served as national coordinating counsel for a large, investor-owned hospital system in actions challenging pricing practices with respect to uninsured patients
• Obtained summary judgment for a large managed care company in a statewide purported class action alleging a group boycott of the Medicare HMO program in California
• Sustained removal to federal court, and obtained a judgment of dismissal on Medicare preemption grounds, on behalf of a health maintenance organization in a purported class action by members of failed independent practice associations seeking direct recoveries against insurers

Consumer Financial Services

• Obtained a dismissal of claims brought by municipalities against subprime mortgage lenders and servicers for the economic consequences of foreclosure
• Represented a large mortgage lender in a nationwide settlement of claims by state attorneys general over alleged consumer protection violations in the origination of subprime and pay-option mortgages

Other Representations

• Obtained partial denial of certification, and elimination of portion of class period, in securities class action litigation against a large government-sponsored enterprise over the withdrawal of the enterprise's financial statements
• Obtained a denial of class certification on behalf of a series of property and casualty carriers in a purported RICO class action involving alleged pricing irregularities in commercial insurance policies
• Represented a property and casualty carrier in a purported nationwide class action involving alleged wrongful failure to pay policyholder dividends
• Obtained a denial of class certification and awards of summary judgment for an automobile manufacturer in a variety of consumer class actions raising purported claims of fraud surrounding the design and sale of sport-utility vehicles
• Represented an automobile manufacturer in a statewide certified class action involving alleged ignition system defects
• Obtained a denial of class certification for an automobile manufacturer in purported nationwide and statewide class actions raising across-the-board claims of race discrimination in employment, and obtained summary judgment against the class in the sole action in which certification was granted