Recent Developments in ESOP Litigation

Ted Becker is co-head of McDermott Will & Schulte’s ERISA Litigation practice and a Fellow of the American College of Employee Benefits Counsel.  He focuses his practice on litigation under 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 a number of Fortune 500 companies. He represents both public and private organizations, as well as non-profit organizations.

Julian André helps clients achieve the best outcomes when facing government enforcement actions, prosecutions and investigations, defending against complex civil litigation and performing internal investigations. Leaning on his experience as an Assistant US Attorney in Los Angeles prosecuting financial crimes, Julian adds an inside perspective when devising defense strategies for companies and individuals facing criminal and civil investigations by state and federal agencies such as DOJ, HHS-OIG, SEC, and DOL. He also regularly advises clients on matters involving corporate governance and regulatory compliance, including anti-money laundering and anti-corruption issues.

Julian’s experience prosecuting complex fraud cases and acting as a first chair trial attorney make him a valuable asset to healthcare clients, who regularly call on him to navigate False Claim Act investigations and civil litigation. Throughout his career, he has helped healthcare companies save hundreds of millions of dollars in potential government fines and civil judgments.

In recent years, Julian has also defended several companies in ERISA litigation involving Employee Stock Ownership Plans (ESOPs). Julian’s strategic approach and strength in the courtroom have led to favorable outcomes for ESOP plan sponsor companies, their directors and officers, and plan fiduciaries in class action lawsuits brought by plan participants.

Prior to rejoining McDermott in 2021, Julian spent six years as an Assistant US Attorney. During this time, he served in the Major Frauds Section and was the US Attorney’s Office’s Securities Fraud Coordinator and Education Fraud Coordinator. Julian prosecuted and investigated a wide range of financial crimes, including healthcare fraud, securities fraud, bank fraud, public corruption, tax evasion, and money laundering. Two marquee cases handled during his time as a federal prosecutor include the prosecution of Michael Avenatti and the prosecution of China Zhongwang, the world’s second-largest aluminum extrusion producer at the time.

Other notable trial experience includes education fraud, bribery and tax cases in the US District Court for the Central District of California, and patent infringement trials in the US District Courts for the Northern District of Texas and Middle District of Florida.

Julian is also an accomplished appellate advocate, having handled dozens of appeals before the US Supreme Court, and the US Courts of Appeals for the Second and Ninth Circuits. Prior to entering private practice, Julian served as a law clerk for the Honorable Harry Pregerson of the US Court of Appeals for the Ninth Circuit.