John A. Litwinski is a partner in the law firm of McDermott Will & Emery and is based in the Firm’s Chicago office. He focuses his practice on the areas of employment benefits litigation under the Employee Retirement Income Security Act of 1974 (ERISA), investigations and product recalls involving the Consumer Product Safety Commission (CPSC) and insurance coverage disputes.
John’s ERISA practice involves defending companies, officers and directors as well as other alleged plan fiduciaries against claims arising after company stock price declines or changes to benefit plans. He recently represented a major automobile manufacturer in multibillion dollar litigation involving the transfer of retiree health care liabilities to a VEBA and defended another employer in litigation over the termination of union retiree medical benefits. John has extensive experience defending employers in class action litigation involving defined benefit, 401(k) and health plans, including claims of fiduciary breach, misrepresentation, inadequate disclosure and improper reduction of benefits. He has also published in the area of ERISA litigation, including an article entitled "Case Imperils Rights of ERISA Fiduciaries" in the March/April 2009 edition of ABA Trust & Investments and an article on “Fiduciary Breach Suits Against Companies, Officers, and Directors Under ERISA” in Volume 20 of the Benefits Law Journal.
John's product liability practice involves advising companies facing potential product recalls, as well as companies seeking compliance with the lead and phthalate rules under the CPSIA, California Proposition 65, and other product and packaging legislation. He recently advised two companies through the entire process of a product recall and has advised numerous other companies involved in CPSC investigations.
John’s insurance coverage practice primarily involves advising and defending insurance companies accused of acting in bad faith toward their insureds.
In addition to his other practice areas, John maintains an active pro bono practice. As co-head of the Firm’s Chicago Asylum Group, he represents individuals seeking political asylum in the United States and advises other Firm attorneys on asylum matters. John also represents Chicago’s historic Pilgrim Baptist Church as it works to rebuild its landmark 1890 structure, designed by the famed architect Louis Sullivan, following a 2006 fire.
Before joining McDermott, John was an associate in the litigation department of a large law firm in Boston. While in law school, John was the co-founder and editor-in-chief of The Georgetown Journal of Law & Public Policy, was a John M. Olin Fellow in Law and Economics, and taught legal research and writing to first-year law students. John received his M.Sc. degree from the London School of Economics and is a Phi Beta Kappa graduate of the Johns Hopkins University.
John is admitted to practice in state court in Illinois and in various federal courts in California, Illinois, Massachusetts and Michigan. He has appeared pro hac vice for clients in various other jurisdictions.
Education
- Georgetown University, J.D., 2001
- London School of Economics and Political Science, M.Sc., 1998
- Johns Hopkins University, B.A. (Phi Beta Kappa), 1997
Languages Spoken
- English
- German
- Polish
