Overview

Rick Pearl focuses his practice on litigation involving the Employee Retirement Income Security Act of 1974 (ERISA). He represents companies, their benefits committees, plan administrators, fiduciaries and service providers in complex, class-action litigation and Department of Labor lawsuits, audits and investigations. His particular emphasis relates to actions for alleging breach of fiduciary duty and prohibited transactions.

Rick’s litigation experience includes high-profile 401(k)/403(b) lawsuits alleging excessive fees and imprudent investment options and ESOP actions involving valuation issues. He has considerable experience preparing and cross-examining expert witnesses regarding financial advisory services for large 401(k) plans, and counseling recordkeepers and providers of investments regarding responses to third-party subpoenas.

Rick works closely with investment advisors in connection with fiduciary standards and advisory standards as a means to mitigate risk to both organizations and individuals. He works proactively to better define and document the scope of obligation that fiduciaries are subject to, including related to statute of limitation issues, releases and claims on behalf of plans, and proper assessment of losses in the context of damage to plan participants. He also helps clients with procurement and renewal of ERISA fiduciary-liability insurance policies.

Rick regularly speaks at national conferences and advises clients on the scope of permissible indemnification agreements under ERISA and state law, and assists with structuring insurance and indemnification programs to protect assets. In addition to his speaking engagements, Rick is a frequent contributor to the Employee Benefits Blog.

Show Less

Results

ERISA

Defended ESOP-owned company plan sponsors and fiduciaries against ERISA claims for engaging in alleged prohibited transactions and breaches of fiduciary duties*
Defended ERISA plan sponsors and fiduciaries against US Department of Labor and ERISA plan participant challenges to indemnification agreements and federal common-law claims for contribution and indemnification*
Prosecuted ‘prevailing party’ fee claim under ERISA*

Assisted clients across industries on methods to enhance insurance programs and strengthen indemnification provisions*

COMMERCIAL LITIGATION

Co-chaired a four-week Racketeer Influences and Corrupt Organizations (RICO) jury trial in federal court with more than 50 defendants; located, retained, prepared, and examined expert witnesses and cross-examined oppositions’ experts at trial on damages, lost-profits, and complex statistical analyses*
Developed strategy and drafted winning motions for partial summary judgment in Southern District of Ohio fraud/breach-of-contract case between medical-device manufacturers*
Represented a multi-national manufacturing company in mediation at Judicial Arbitration and Mediation Services (JAMS) involving a contract dispute pending in the Eastern District of Pennsylvania*
Defended the world’s largest retailer in two consumer class actions for alleged fraudulent conduct*
Negotiated and finalized an extremely favorable settlement of a bet-the-company Telephone Consumer Protection Act (TCPA) class-action*
Represented hundreds of litigants in asbestos and other mass-tort cases pending in various jurisdictions*

*Matter handled prior to joining McDermott

Show Less