Bloomberg interviews Jeff Hahn about Department of Labor’s increased use of amicus briefs

Stris & Maher partner Jeff Hahn was featured in a recent Bloomberg article examining the Department of Labor’s increased use of amicus briefs to stake out pro-fiduciary positions in Employment Retirement Income Security Act cases.

The article, titled “DOL Offers Up Flurry of ERISA Briefs After Leadership Change,” highlights the spike in amicus briefs filed by DOL’s Employee Benefits Security Administration (EBSA), including four filed in circuit courts in January alone.

In his comments to Bloomberg, Hahn—a former DOL attorney—noted that EBSA has not historically “been a driver of amicus briefs.” While EBSA has often been consulted for input, Hahn pointed out that briefs typically originate from requests outside the department or internally from the Solicitor of Labor’s office.

Hahn added that the Department’s increased use of amicus briefs under Dan Aronowitz  (the Assistant Secretary of Labor for EBSA) is a likely sign of things to come. “I think the current leadership of the department and EBSA definitely has a particular perspective on where ERISA has gone in recent years and where it would like it to go,” Hahn said. “I fully expect the department to remain an active amicus participant going forward.”

To read the full Bloomberg article, click here.