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