O’Melveny Worldwide

Supreme Court

  • Obtained a unanimous Supreme Court victory on the interpretation of a statute funding services for capital inmates
  • Obtained significant criminal defense victory addressing the proper interpretation of the honest services fraud statute
  • Represented a large utility client in Supreme Court and on remand in ERISA litigation challenging 401(k) plan offerings
  • Obtained a unanimous ruling in the client’s favor regarding the scope of the Controlled Substances Act
  • Authored briefs addressing constitutional law, election law, antidiscrimination law, ERISA, criminal law, and other subjects

Constitutional and Administrative Law

  • Representing a university in litigation asserting First Amendment and other constitutional challenges claims arising out of protest activity
  • Representing a housing finance company in multi-forum shareholder litigation advancing constitutional, APA, and securities claims
  • Represented a state official in a First Amendment challenge to a prosecution for political activity
  • Represented a consumer product company in litigation challenging agency action infringing First Amendment interests
  • Counseled a bank through a politically sensitive regulatory negotiation
  • Advised a consumer goods company in a high-stakes administrative law challenge
  • Authored many briefs on behalf of leading First Amendment scholars in Supreme Court and court of appeals litigation addressing the protection of expressive activity

ERISA and Health Care

  • Representing a financial services company against claims that its compensation of financial advisors is ERISA-governed
  • Representing a pharmacy benefits manager in a declaratory judgment action raising a preemption challenge to state law
  • Representing a Fortune 50 company in a challenge to a pension risk transfer transaction
  • Tried a lawsuit—and successfully defended a favorable judgment on appeal—challenging the sufficiency of a health care payor’s claims adjudication processes
  • Prevailed for an investment advisory firm in the trial of claims challenging its delegated fiduciary offering
  • Defending a financial services company against claims challenging its retirement plan’s target date offering
  • Representing a health care company in an arbitration arising out of payment policies
  • Defended an asset manager against class claims challenging the fees and performance of affiliated funds offered in the manager’s in-house plan
  • Represented a health services company in the defense of claims challenging the retention of company stock through and after a merger
  • Secured arbitration of putative class claims against an investment consulting company regarding its advice to a multi-employer plan
  • Advised a hedge fund regarding its management of ERISA-subject assets
  • Represented a financial services company in the district court and on appeal in a class action challenging the investment management of a stable value fund under ERISA
  • Represented a health care company in the district court and on appeal in defending putative class claims challenging investment choices in the wake of the financial crisis
  • Represented an ESOP fiduciary in the district court and on appeal in a "stock drop" class action
  • Represented a global aerospace & defense client against claims challenging 401(k) plan fees, structure, and investment choices
  • Obtained significant precedential appellate victory on behalf of a health services corporation resulting in dismissal of a suit implicating Medicare Part D preemption and exhaustion

Consumer Protection and Other State Litigation

  • Represented a national health care payor in multi-forum trial-level and appellate litigation challenging a popular insurance program under state law
  • Obtained the dismissal of state-law claims against a health care company regarding the direct reimbursement of members for out-of-network services
  • Defended a consumer finance company in state court appellate proceedings defeating a putative class action challenging nationwide leasing practices
  • After securing reinstatement of the client's claims on appeal, developed the legal strategy for a contract and fraud action that concluded with a multi-million dollar settlement in the client's favor

Admissions

Bar Admissions

  • District of Columbia
  • New York

Court Admissions

  • US Supreme Court
  • US District Court, Colorado, District of Columbia, and Southern District of New York
  • US Courts of Appeals, First, Second, Third, Fifth, Sixth, Eighth, Ninth, Tenth, Eleventh, District of Columbia, and Federal Circuits
  • US Court of Federal Claims

Education

  • Harvard University, J.D.: magna cum laude; Articles Editor, Harvard Law Review
  • Columbia University, B.A.: Biochemistry and History

Honors & Awards

  • Recognized as a “Leading Partner” by The Legal 500 US for ERISA Litigation (2026)
  • Recommended by The Legal 500 US for General Commercial Disputes (2025-2026); Securities Litigation: Defense (2025-2026); Education (2025): Appellate: Courts of Appeals (2026); and Appellate: Supreme Courts (States and Federal) (2026)
  • Ranked by Chambers USA for ERISA Litigation (2021-2026) and Litigation: General Commercial (2026)
  • Recognized by Best Lawyers in America® for Litigation - ERISA in Washington, DC (2023-2026)
  • Recognized as a “Next Generation Lawyer” by The Legal 500 US for ERISA Litigation (2018-2021, 2023-2025)
  • Received the “John Paul Stevens Guiding Hand of Counsel Award” from the ABA Death Penalty Representation Project (2020)

Professional Activities

Clerkships

  • Honorable David H. Souter, US Supreme Court
  • Honorable Merrick B. Garland, US Court of Appeals for the District of Columbia Circuit

Moot Court Panelist

  • Georgetown Supreme Court Institute
  • William & Mary Supreme Court Preview

Advisory Council Member

  • American Benefits Council

Member

  • DC Circuit Advisory Committee on Admissions and Grievances (Former)
  • ERISA Litigation Reporter Editorial Board

Podcast

  • “Episode 35: Law and Order with Meaghan VerGow,” American Benefits Podcast (2020)

Representative Speaking Engagements

  • “Supreme Court Preview for Local Governments: 2024-2025 Term,” National Association of Counties Webinar (2024)
  • “Emerging Technologies, Fraud, and the First Amendment,” William & Mary Supreme Court Preview (2024)
  • “A Term of Significant Administrative Law Challenges,” William & Mary Supreme Court Preview (2023)
  • “ERISA Supreme Court Cases Webinar,” U.S. Chamber of Commerce (2020)
  • “Supreme Court Practitioners Panel: The Next Wave of ERISA Cases Seeking Cert., New Trends, Procedural Outcomes, and the Impact on Advising Clients,” ACI 17th National Forum on ERISA Litigation (2019)
  • “Defined Contribution Plan Investments in Private Funds,” DC Bar (2019)
  • “Addressing Article III Standing Challenges in the ERISA Context,” ACI 16th National Forum on ERISA Litigation (2018)
  • “Pension Risk Management for Retirement Plans: Establishing Risk Management Protocols for Defined Benefit Plans and Defined Contribution Plans,” Professional Risk Managers’ International Association (2017)
  • “Recent Supreme Court Decisions Affecting Employee Benefits,” American Benefits Council Benefits Law Briefing (2016)
  • “ERISA Class Actions Post-Dukes and Comcast,” ACI 8th National Forum on ERISA Litigation (2014)
  • “Women in Appellate Law,” Ms. JD and the Military Spouse JD Network (2014)

Representative Publications

  • “Rules of Engagement: ERISA Controls Provider-Payor Disputes, Ninth Circuit Confirms,” ERISA Litigation Reporter (2024)
  • “New Dawn: The Second Circuit Breathes Life Into Stock Drop Claim in Jander v. Retirement Plans Committee of IBM,” ERISA Litigation Reporter (2019)
  • “The False, Honest Opinion: Is There Really Such a Thing? The Supreme Court’s Coming Review of Omnicare v. Laborers,” Practicing Law Institute (2014), with co-authors Jeffrey Kilduff and Brad Garcia