Co-chair of the Employee Benefits Litigation Practice Group, Deidre A. Grossman has extensive experience defending plan sponsors, fiduciaries and service providers in a wide range of ERISA cases across the country, in both single plaintiff and class actions.
The breadth of Deidre's practice is apparent from the nature of the lawsuits she has handled in which favorable outcomes were recently obtained, including:
- A putative class action alleging ERISA breach of fiduciary duty based on alleged misrepresentations about pension benefits, where the Second Circuit affirmed summary judgment
- A putative class action by former employees on medical leave advancing ERISA benefit and Section 510 claims, which was dismissed without discovery in a case of first impression
- Parallel 401(k) "stock drop" suits, one by an independent fiduciary and one by the U.S. Department of Labor, involving complex company securities, which were resolved through settlement after years of significant discovery and motion practice
- A declaratory judgment action brought by fund trustees to enjoin a withdrawal liability arbitration commenced by an employer
She also has represented plan sponsors and fiduciaries in matters involving:
- Pension plan terminations
- Prohibited transaction allegations
- Claims for improper denial of benefits
- Claims advanced by independent contractors
- Challenges to the modification and termination of retiree benefits
- State law claims preempted by ERISA
When she is not litigating, Deidre counsels clients on how to administer their employee benefit plans with a view to avoiding litigation under ERISA's fiduciary and disclosure provisions. Deidre is a contributing author for The Benefits Law Journal and a rewrite and contributing author for Employee Benefits Law, a publication of the Employee Benefits Committee of the American Bar Association.
In 2001, Deidre relocated to London, where she qualified as a Solicitor in England and Wales and practiced U.K. pensions law/litigation at one of the “Magic Circle” firms. She resumed her ERISA litigation practice in the U.S. in 2005.
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- Member, Employee Benefits Committee, Labor and Employment Law Section - American Bar Association
BLOG ENTRIES
- Employee Benefits Counsel, March 14, 2012
- Employee Benefits Counsel, January 6, 2012
PRESS
- September 20, 2010
ADDITIONAL PUBLICATIONS & PRESS
- April 26, 2011ERISA Section 502(a)(3): “Safety Net” or “Trap” for Recipients of Mistaken Misrepresentations – Courts Continue to Weigh In
Co-author: S.K. HoffmanBloomberg Law Reports, Vol. 4, No. 9 - Spring 2011Going to the Courts with Scriveners Errors: The Limits of ERISA’s Plan Documents Rule
Co-author: S.K. HoffmanBenefits Law Journal, Vol. 24, No. 1 - June 19, 2010Second Circuit Holds Taft Hartley Funds Are Inherently Conflicted When Making Benefit DeterminationsBloomberg Law Reports, Vol. 3, No. 15
- April 12, 2010The Latest Uncertainty in Benefit Claim Litigation – The Proper Scope of Conflict Discovery After GlennBloomberg Law Reports, Vol. 3, No. 8
- June 30, 2010Life After Glenn: Preparing for Conflict DiscoveryBNA Pension & Benefits Daily
- Winter 2009Are Unpaid Employer Contributions to an ERISA Plan "Plan Assets"?Benefits Law Journal, Vol. 22, No. 4
SPEAKING ENGAGEMENTS
- February 9, 2012
- December 8, 2011
- February 10, 2011
ADDITIONAL PRESENTATIONS
- June 21, 2011ERISA’s Evolving Duty to Disclose – Benefits Litigation Hazards and How to Manage Them
The Conference Board, New York, NY - May 3, 2011Pressing Issues Facing 401(k) Plan Administrators in 2011: 404(c), Service Agreements, IRS/DOL Audits, Litigation Risks and Other Nuts and Bolts
Littler’s Employee Benefits Summit, Chicago, IL - April 7, 2011401(k) Fees: Litigation, Regulation and Compliance
The Executive Employer Conference, Phoenix, AZ - February 10, 2011Will Your Advice Be Protected? Ethical Considerations for Those Advising About Benefits – the Fiduciary Exception to the Attorney-Client Privilege and More
Littler’s Employee Benefits Summit, New York, NY