Ted Becker focuses his practice on litigation under the Employee Retirement Income Security Act (ERISA) and related federal and state actions, and defense of government investigations and audits relating to employee benefit, health and welfare, and retirement plans brought by the US Department of Labor, the Internal Revenue Service, and the US Department of Justice. He is a leading voice and nationally recognized practitioner in this complex practice area. He has represented public and private companies that sponsor employee benefit, health and welfare, and retirement plans governed by ERISA, and their directors and officers and plan fiduciaries, as well as service providers to ERISA plans and plan sponsors. He has extensive experience in Employee Stock Ownership Plans (ESOPs) and has defended some of the highest profile lawsuits involving ESOPs, helping to define the landscape of the evolving law relating to ESOPs.
Ted has a considerable experience in trial and appeals courts, including arguing before the United States Supreme Court and several United States Circuit Courts of Appeals. He also has represented clients in arbitration proceedings. He has represented clients across the full spectrum of litigation, from avoidance, dispute resolution and pre-litigation planning, through dispositive motions, discovery, trial and appeal.
Ted’s clients include well known entities in the financial services, health care, hospitality, real estate and retail industries, including a number of Fortune 500 companies. He represents both public and private organizations, as well as non-profit organizations.
Ted has consistently achieved outcomes that satisfy clients and mitigate risk.
Lead counsel defending Banner Health and its present and former directors and alleged ERISA fiduciaries in a class action brought by participants of a 401(k) plan with over 33,000 participants and $2 billion in assets, alleging breach of fiduciary duty under ERISA in the selection and monitoring of investment options for the Plan, and in connection with fees paid and revenue sharing.*
Counsel defending Baxter International, Inc. and other alleged ERISA fiduciaries in a class action brought by participants of a 401(k) Plan alleging breach of fiduciary duty under ERISA in allowing participants to invest their retirement funds in the Baxter common stock fund.*
Co-lead counsel defending a national trust company in a class action brought by participants of a retirement plan of Tribune Company, alleging that the trust company approved a prohibited transaction and breached its fiduciary duty under ERISA in connection with a transaction in which the company went from a publicly held corporation into one of the largest, wholly employee-owned companies in the country.*
Lead counsel defending a national trust company in a case brought by participants of a retirement plan claiming that the trust company engaged in prohibited transactions and committed breaches of fiduciary duty in violation of ERISA.*
Lead counsel representing one of the largest US banks in a class action brought by participants of a retirement plan of one of the largest wholly employee-owned companies in the country, claiming over $300 million in damages and alleging that the bank as ESOP Trustee breached its fiduciary duty under ERISA in connection with the company’s allegedly improper leveraged acquisition of a large competitor and by approving an allegedly improper valuation of the company’s stock.*
Lead counsel defending a national trust company in a case brought by the Secretary of the U.S. Department of Labor, alleging that the trust company engaged in a prohibited transaction and committed breaches of fiduciary duty under ERISA.*
Lead counsel defending two former directors of Houlihan Smith & Co., Inc., in a case brought by participants of a retirement plan, alleging that the directors violated ERISA by engaging in a transaction as part of the liquidation of the company.*
Lead counsel defending Principal Life Insurance Company in a case brought by a Bankruptcy Trustee alleging improprieties in the distribution of “demutualization” proceeds. *
Lead counsel defending a national trust company in a case brought by participants of a retirement plan and its successor trustee, alleging that the trust company committed breaches of fiduciary duty under ERISA.*
Lead counsel defending a national trust company in a case brought by a Bankruptcy Litigation Trustee alleging that the trust company aided and abetted a breach of fiduciary duty under Ohio state law by company directors and officers in approving a transaction.*
Counsel defending a director of a company in an action brought by former and present participants of a retirement plan alleging breach of fiduciary duties under ERISA and state law in connection with the setting of compensation and grants of options and synthetic equity and a transaction in which all the assets of the company were sold.*
Lead counsel defending a national trust company in a class action brought by participants of a retirement plan claiming that the trust company engaged in a prohibited transaction and committed breaches of fiduciary duty in violation of ERISA.*
*Matter handled prior to joining McDermott
Education
Northwestern University, PhD, 1981
Northwestern University School of Law, JD, summa cum laude, 1974
Northwestern University, MA, 1972
Washington University, AB, summa cum laude, 1970
Admissions
Illinois
Courts / Agencies
Supreme Court of the United States
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Tenth Circuit
US Court of Appeals for the Federal Circuit
Associé | Chicago
Chicago: +1 312 984 6934
Chicago: +1 312 984 7700
Las Vegas, NV / Speaking Engagements / November 13-15, 2019
Chicago, IL / McDermott Event / October 10, 2019
Salt Lake City, UT / Speaking Engagements / September 17, 2019
Webinar / McDermott Event / January 11, 2019
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Benefits Pro / October 29, 2019
New York / Press Releases / October 16, 2019
McDermott Expands Global Employment Practice with Arrival of Five New Partners in ...
Law360 / September 27, 2019
Chicago / Accolades & Rankings / September 24, 2019
McDermott Partner Honored for Dedication to the Advancement of Employee Benefits Law
Law360 / April 24, 2019
Chicago / Employee Benefits Advisor / November 8, 2018
Benefit Pros on the Move: TIAA, Namely, ArmadaHealth, Innovu
New York / Plan Sponsor / October 29, 2018
Chicago / Bloomberg Big Law Business / October 26, 2018
Chicago / Law360 / October 24, 2018
Chicago / The American Lawyer / October 22, 2018
Chicago / Coverage / October 22, 2018
Experienced Trial and Appeals Litigators to Tackle High-Stakes ERISA and ESOP Matters ...
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