Xerox — $22+ Million Recovered

Xerox pensioners
Type of Engagement
Subject Matter
U.S. Supreme Court
Second Circuit
Western District of New York

The Challenge

Representing a group of accomplished Xerox corporate employees in a complex, landmark pension case.

The Engagement

In the late 1990s, Xerox attempted to rehire veteran employees who had earlier worked at Xerox and left by choice. The returning employees were led to believe that their pensions would be straightforwardly calculated, with no hidden reductions for past service. As the employees approached retirement, they learned that Xerox intended to calculate their pension using an improper and undisclosed accounting method that collectively robbed the group of many millions of dollars. For roughly a decade, our firm represented the plaintiffs in this complex, landmark pension case at every level: the district court; the Second Circuit (three times); and the Supreme Court. Although the Supreme Court narrowly ruled against us in one facet of the case, we persuaded the Justices to preserve an argument (regarding improper notice) that we used to persuade the lower courts to award millions to misled employees.

The Result

We recovered over $17 million in benefits, plus $4.9 million in attorney’s fees.

Key Case Materials

Frommert IV (Second Circuit)

Oral Argument Audio (April 18, 2018)

Our Brief (August 15, 2017)


Frommert (W.D.N.Y.)

Order Awarding Plaintiffs Attorneys Fees (December 12, 2016)


Order Denying Xerox's Motion (July 29, 2016)

Xerox's Reply (May 26, 2016)

Our Opposition (May 16, 2016)

Xerox's Motion to Recoup Funds (April 22, 2016)


Order Awarding Plaintiffs Additional Relief (January 5, 2016)

Our Reply (November 17, 2014)

Xerox's Opposition (November 10, 2014)

Our Motion for Summary Judgment (October 20, 2014)


Frommert III (Second Circuit)

Opinion (December 23, 2013)

Oral Argument Audio (November 15, 2012)

Our Reply Brief (August 3, 2012)

Xerox’s Opposition Brief (July 19, 2012)

Our Brief (April 20, 2012)


Frommert (U.S. Supreme Court)

Opinion (April 21, 2010)

Oral Argument Audio (January 20, 2010)

Xerox’s Reply Brief (December 14, 2009)

Our Respondents’ Brief (November 13, 2009)

Xerox’s Opening Brief (September 14, 2009)

Xerox’s Reply (Cert Petition) (February 10, 2009)

Our Opp. (Cert Petition) (January 28, 2009)

Xerox’s Cert Petition (December 23, 2008)


Media Coverage

Xerox ordered to pay $4.9 million in legal fees (Democrat & Chronicle, December 18, 2016)

Xerox Must Pay $4.9M in Fees, Costs in Pension Benefits Case (Bloomberg BNA, December 14, 2016)

Xerox Asked to Disclose What It Pays ERISA Lawyers (Bloomberg BNA, October 20, 2016)

Xerox files motion to reclaim payouts it made to some retirees (Rochester Business Journal, April 27, 2016)

Xerox pension lawsuit still alive (Democrat & Chronicle, December 28, 2013)

High Court Boosts Plan Administrators' ERISA Sway (Law 360, April 21, 2010) (subscription required)