Gregory Comeau is a litigator with extensive experience representing clients in complex ERISA and securities matters. With over two decades in the field, Greg provides creative and cost-effective solutions in high-stakes cases. Prior to joining O’Melveny, he spent more than a decade embedded with the in-house litigation team of a large financial services company, focusing on complex ERISA matters. Greg advises and represents clients on retirement, compensation, severance, and welfare plans. He has represented clients at all stages of disputes, ranging from pre-litigation demands through trials and appeals, and across multiple forums, including federal court, FINRA arbitrations, and regulatory proceedings.
ERISA Retirement Plan Litigation
- Defended a global investment firm and outsourced chief investment officer (OCIO) in multiple cases involving breach of fiduciary duty claims in selecting proprietary investment options for its clients’ plans.
- Defended target date fund provider and investment manager at trial in ERISA class action involving breach of fiduciary duty and prohibited transaction claims challenging the performance and fees of affiliated funds.
- 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 and the retention of service providers including claims of excessive recordkeeping fees.
- Defended a 401(k) plan recordkeeper in litigation alleging breach of fiduciary duty in purportedly improper use of participant data.
- Defended a plan sponsor in litigation challenging a 401(k) plan’s alleged use of Environmental, Social, and Governance (ESG) funds and the selection of investment managers who allegedly used their proxy votes to vote in favor of ESG goals.
- Defended an asset manager in litigation challenging the prudence of its stable value fund product.
- Defended a 401(k) plan recordkeeper in litigation alleging breach of fiduciary duty in its handling of float interest.
- Defended a 401(k) plan recordkeeper in litigation alleging breach of fiduciary duty and prohibited transactions in approach to QDRO fees.
Healthcare & ERISA Welfare Plan Litigation
- Defended healthcare insurance company in litigation alleging breaches of fiduciary duty in connection with cross-plan offsetting practices.
- Defended TPA and health insurance company in ERISA litigation challenging plan coverage standards for non-invasive ventilators.
ERISA Counseling, Regulatory Investigations, and Other Relevant Experience
- Represented clients in responding to investigations by Department of Labor, Securities and Exchange Commission, FINRA, and other regulators.
- Defended financial services company against allegations that deferred compensation plan violated ERISA.
- Represented investor in refined coal company in tax litigation against IRS.
- Counseled clients regarding amendments to ERISA plan language.
Admissions
Bar Admissions
- District of Columbia
- Massachusetts
- New Hampshire
Court Admissions
- US District Court, District of Massachusetts
- US Court of Appeals, First Circuit
- US Court of Federal Claims
Education
- Harvard Law School, J.D.: cum laude; Supervising Editor, Journal on Legislation
- Boston University, M.A., Political Science
- Boston University, B.A., Political Science and Philosophy: summa cum laude; Phi Beta Kappa
Professional Activities
Member
- American Bar Association
- Boston Bar Association
Author
- “Bipartisan Campaign Reform Act of 2002,” Harvard Journal on Legislation (Winter 2003)
Clerkship
- Honorable Charles F. Lettow, US Court of Federal Claims in Washington, DC