Gregory F. Jacob

Partner

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Greg Jacob represents financial services companies including banks, investment managers, health care payors, and insurers, as well as other employers, in class action and other litigation concerning ERISA and other labor and employment matters. A former Solicitor of Labor, Greg has extensive knowledge on a wide variety of labor and employment issues including ERISA, FLSA, OFCCP, and whistleblower law. He regularly litigates in federal courts throughout the country, defends clients against Department of Labor investigations, and provides counseling to plans and plan sponsors. He is an editor for the ERISA Litigation Reporter, and a frequent speaker and writer on hot topics in ERISA litigation.

Prior to rejoining O'Melveny in 2012, Greg served in several high-profile positions in the federal government, including at the White House, Department of Justice, and Department of Labor. Most recently, he served as Solicitor of Labor, the third-ranking official in the Department of Labor, a position in which he broadly managed the department’s most important litigation under more than 180 federal labor and employment laws.

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Corporate & Government Experience

  • Greg served in several high-profile positions in the federal government, including at the White House, Department of Justice, and Department of Labor

Honors & Awards

  • Recognized by Chambers USA in ERISA Litigation, Nationwide (2017)
  • Recommended by Legal 500 in the area of Labor and Employment: ERISA Litigation (2017)
  • Recipient of First Star’s Shine the Light Award (2009)
  • Justice for Children’s Friend of Children Award (2005)

Admissions

Bar Admissions

  • District of Columbia
  • Virginia

Court Admissions

  • US District Court for the Eastern District of Virginia, District of Colorado, and District of Columbia
  • United States Court of Appeals for the Third, Fifth, Seventh, and Ninth Circuits

Education

  • University of Chicago, J.D., 1999: Law Review
  • Amherst College, B.A., 1996: cum laude

Professional Activities

Clerkships

  • Honorable Jacques L. Wiener, Jr., United States Court of Appeals for the Fifth Circuit

Editor

  • ERISA Litigation Reporter
  • Senior Editor, The Green Bag 

Adjunct Professor

  • George Mason University School of Law

Selected Writings:

  • Troiano v. Aetna, Geiger v. Aetna, and the Permissible Scope of Discovery Regarding an Administrator’s Conflict of Interest,” ERISA Litigation Reporter (January 2017)
  • Teutscher v. Riverside Sheriffs’ Ass’s:  Can State Law Claims Preempt ERISA Claims?,” ERISA Litigation Reporter (November 2016)
  • “A Tale of Two Reversals,” ERISA Litigation Reporter (May 2016)
  • “Judicial Review of Informal Agency Pronouncements:  Any Clearer After Young v. UPS and Perez v. MBA?,” Washington Legal Foundation Legal Backgrounder (July 2015)
  • “Dickering with Tracing,” ERISA Litigation Reporter (June 2015)
  • “Sixth Circuit Upholds Venue Provision, Rejects ‘Regulation by Amicus,’” ERISA Litigation Reporter (March 2015)
  • “R.I.P. Presumption of Prudence,” ERISA Litigation Reporter (October 2014)
  • “Guaranteed Lifetime Withdrawal Benefits:  Fiduciary Considerations for Plan Sponsors,” Benefits Law Journal (Summer 2014)
  • “A Meditation on Metyk:  Can There Be ‘Artificial Inflation’ in an ERISA Case if There is No ‘Alternative Investment’?,” ERISA Litigation Reporter (June 2014)
  • “Litigating after Leimkuehler:  The 401(k) Service Provider Industry Wins a Battle in the Ongoing War,” ERISA Litigation Reporter (June 2013)
  • “Socratic Whistleblowing,” ERISA Litigation Reporter (November 2012)
  • “Department of Labor Threatens to Triple Overtime Misclassification Damages for Employers,” Employee Benefits Plan Review (July 2011)
  • “Avoiding Liability for Off-the-Clock Work in the Brave New World of the Blackberry,” Employee Relations Law Journal (Summer 2010), reprinted in ABA TIPS Corporate Counsel Committee Newsletter (Fall 2010) 

Selected Speeches:

  • 2017 NFP HR & Benefits Seminar, ERISA and Benefit Plans: Navigating an Era of Uncertainty (July 2017)
  • American Law Institute’s “The Year in Employee Benefits,” ERISA and the Fiduciary Exception to Attorney-Client Privilege (March 2017)
  • American Conference Institute National Forum on ERISA Litigation, Medical Provider Standing Under ERISA (June 2016)
  • Washington Legal Foundation, Transforming the Workplace: How Lawsuits and Government Regulators Are Redefining “Employer” and “Employee” (October 2015)
  • American Law Institute’s “The Year in Employee Benefits,” Living with Qualified Longevity Annuity Contracts (April 2015)
  • American Conference Institute National Forum on ERISA Litigation, M&G Polymer USA, LLC v. Tackett:  Retiree Health and Welfare Benefits and the Yard-Man Presumption (April 2015) 
  • American Conference Institute National Forum on Wage & Hour Claims and Class Actions, Developments in Private Class Action Certification‚ Obtaining Decertification‚ and Hybrid Claims: Managing and Defending Against FLSA Collective Actions and State Law Class Actions (May 2014)
  • American Conference Institute National Forum on Wage & Hour Claims and Class Actions, Department of Labor and Enforcement Update:  Responding to Changing Wage & Hour Federal and State Priorities and Investigations (June 2012) 
  • National Association of Manufacturers, Regulatory Overreach and Labor Issues (April 2012) 
  • American Association of Builders & Contractors, Wage and Hour Issues Affecting the Construction Industry (Dec. 2011) 
  • IADC Corporate Counsel College, Developments in Labor & Employment Law (Chicago) (April 2011) 
  • DC Bar Association, Dodd-Frank Act: Robust Protections and Substantial Rewards for Whistleblowers (Nov. 2010) 
  • Corporate Counsel Institute, Wage and Hour Developments (Northwestern Law School) (Sept. 2010) 
  • Defined Contribution Institutional Investment Association (DCIIA), DOL’s Influence on the Development of ERISA Law (May 2010) 
  • National Association of Attorneys General, Misclassification of Independent Contractors (March 2010)