O’Melveny has an unrivaled track record in working with clients to successfully resolve ERISA cases through motions, settlements, and an active trial practice.

In this complicated area of law, we also offer keen insight into what events trigger litigation, how courts interpret fiduciary obligations, and what best practices to employ to minimize liability risk.

Our preeminent ERISA team includes partners with more than 50 years of combined experience who have argued before federal district and appellate courts throughout the United States, including a former associate solicitor of labor for the Plan Benefits Security Division and a former solicitor of labor.

Case Study: Chevron

In a suit brought in the Northern District of California on behalf of more than 40,000 401(k) plan participants, O'Melveny overcame many of the arguments typically asserted in fiduciary breach cases.

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Edison International

O’Melveny represents the plan sponsor and other defendants in a class action in the Central District of California alleging that Edison fiduciaries had managed its 401(k) imprudently and disloyally. Read

Fidelity Management Trust Co.

O’Melveny helped free Fidelity Management Trust Co. from a class action brought by investors who alleged that the company charged excessive fees and implemented an unduly conservative strategy in one of its flagship stable-value funds offered to 401(k) plans.

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Fidelity Management Trust Company and Fidelity Management Research Co.

O’Melveny achieved a victory in the Eighth Circuit Court of Appeals on behalf of clients Fidelity Management Trust Company and Fidelity Management Research Co. in an ERISA class action brought by the participants in ABB’s employee retirement plans. Read

UnitedHealth Group

O’Melveny won an important victory for UnitedHealth Group when the Third Circuit affirmed the district court’s decision to dismiss a putative nationwide ERISA class action brought on behalf of out-of-network chiropractors. Read

US Airways/American Airlines

O’Melveny obtained dismissal of a US$100 million complaint brought by USAPA, the union for US Airways’ pilots, regarding pilots’ pay rates. Read
    • Ameriprise Financial
    • Fannie Mae 
    • Fidelity Investments 
    • Humana 
    • Marsh & McLennan
    • Transamerica Life Insurance Company