Pension Litigation

Peter litigates pension disputes in trial and appellate courts throughout the country. He is also retained by plan sponsors and their executives to provide advice on regulatory compliance and litigation avoidance. Representative examples include:

Frommert v. Conkright (Western District of New York, Second Circuit, U.S. Supreme Court)
For nearly a decade, Peter has served as co-lead counsel for dozens of pensioners in this case against the Xerox Corporation pension plan. To date, Xerox has been ordered to pay—and has paid—well more than $16 million of additional benefits to plaintiffs. This epic dispute has already resulted in a published opinion by the United States Supreme Court in 2010 (Supreme Court Opinion | Argument Audio) as well as three published opinions by the Second Circuit, including a major victory for our clients in 2013 (Second Circuit Opinion | Argument Audio). Litigation continues in the trial court where we have filed motions seeking millions of dollars in additional pension benefits, prejudgment interest, and attorneys’ fees.

LaRue v. DeWolff Boberg & Associates, Inc. (U.S. Supreme Court)
In 2006, Peter and colleagues persuaded the United States Supreme Court (Petition) to hear this landmark case about the rights of 401(k) account holders. In 2007, after successful briefing (Opening Brief) and argument (Audio), we obtained what the New York Times described as “one of the most important rulings in years on the meaning of the federal pension law. . . .” (Supreme Court Opinion).

Allen v. Honeywell Retirement Earnings Plan (District of Arizona)
In 2012, Peter and colleagues obtained a $23.8 million settlement (Order and Judgment | Fee Motion) in this complex pension class action. Defendants were represented by nationally recognized pension lawyers from Proskauer Rose LLP, Morgan Lewis & Bockius LLP, and Kirkland & Ellis LLP.

Eddingston v. UBS Financial Services; (Eastern District of Texas, Fifth Circuit)
Hendricks v. UBS Financial Services (same)
In 2013, Peter was appointed co-lead counsel for a certified class of financial advisors seeking over $200 million that was seized by UBS. Defendants, represented by nationally recognized pension lawyers from Morgan Lewis & Bockius LLP, filed a motion to compel arbitration (Motion). After full briefing and lengthy argument by Peter in the trial court, that motion was denied (Transcript/Opinion). Defendants, represented by new team of attorneys from Gibson Dunn & Crutcher LLP team (led by the former U.S. Solicitor of Labor), opposed class certification (UBS Opposition). After full briefing (Our Reply) and another lengthy argument by Peter, the trial court certified the class. After briefing (UBS Brief | Our Fifth Circuit Brief) and argument (Audio) of Defendants’ interlocutory appeal, the Fifth Circuit ordered plaintiffs to arbitrate their claims.