Brian T. Ortelere

Partner

Brian T. Ortelere is a partner in Morgan Lewis's Labor and Employment Practice and is co-chair of the ERISA Litigation Practice. Mr. Ortelere's practice covers the full range of employee benefit defense litigation matters, including a number of ERISA class actions. He regularly defends class action claims challenging the administration of 401(k) savings plans, cash balance plans and ESOPs. With his victory in Wright v. Oregon Metallurgical (Allegheny Technologies), 360 F. 3d 1090 (9th Cir. 2004), Mr. Ortelere became the first lawyer in the nation to successfully defeat "stock drop" claims on a motion to dismiss, and to successfully defend the judgment in the United States Court of Appeals. He also successfully tried the infamous Unisys Savings Plan matter, the first application of ERISA section 404(c) at trial.

Mr. Ortelere has spoken on benefits topics and ERISA litigation before a variety of audiences, including the Employment Law Institute; Strafford Publications; the LEXIS/NEXIS ERISA Conference (Boston, MA); the Law Education Institute; the National CLE Conference (Vail, Colorado); the West Legalworks ERISA Litigation Conference; and the Pension Research Council of the Wharton School of the University of Pennsylvania. He also frequently addresses MBA students at the Wharton School. From 1987 to 1988, Mr. Ortelere served as a law clerk to Judge William D. Hutchinson, U.S. Court of Appeals for the Third Circuit. 

From 2006 through 2012, Mr. Ortelere was named one of the leading U.S. lawyers for the firm's ERISA practice in Chambers USA, based on the views of clients, peers, and other industry professionals. Chambers USA 2012 notes that clients consider him "articulate and savvy." Mr. Ortelere is also listed as a "Leading Lawyer" in The Legal 500's 2012 edition, which quotes sources describing Mr. Ortelere as "phenomenal," "exceptionally bright," "a fantastic litigator," and "very knowledgeable."

Mr. Ortelere is admitted to practice in Pennsylvania and New York and before the U.S. Supreme Court, the U.S. Courts of Appeals for the Second, Third, Seventh, and Ninth Circuits, and the U.S. District Court for the Southern District of New York.