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Brian T. Ortelere

Partner

Brian T. Ortelere defends employee benefits litigation, including Employee Retirement Income Security Act (ERISA) class actions. Co-chair of the ERISA litigation practice, he litigates class action claims challenging the administration of 401(k) plans, cash balance plans, and employee stock ownership plans (ESOPs). With his victory in Renfro v. Unisys, Brian became the first US lawyer to defeat “401(k) excessive fee” claims on a motion to dismiss and to successfully defend the judgment in the US Court of Appeals. Brian is ranked among the top three ERISA litigators in the nation according to Chambers & Partners.

Extended Profile

Brian also successfully tried the Unisys Savings Plan matter, the first application of ERISA section 404(c) at trial.

He frequently speaks on benefits topics and ERISA litigation at legal conferences and the Wharton School of the University of Pennsylvania.

Education

  • College of William & Mary, 1986, J.D.
  • Muhlenberg College, 1983, A.B.

Admissions

  • Pennsylvania
  • New York
  • US Supreme Court
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Seventh Circuit
  • US Court of Appeals for the Ninth Circuit
  • US District Court for the Southern District of New York

Clerkships

  • Clerkship to Judge William Hutchinson of the US Court of Appeals for the Third Circuit (1987 - 1988)

Awards and Affiliations

Member, Practice Group of the Year, Labor & Employment, Law360 (2017)

Band 1, ERISA Litigation, Nationwide, Chambers USA (2018, 2019)

Ranked, Chambers USA: America's Leading Lawyers for Business (2006–2016, 2018)

Recommended, Labor and employment - ERISA litigation, The Legal 500 US (2012–2014, 2016–2019)

Recognized, Employee Benefits (ERISA) Law, Philadelphia; Litigation – ERISA, Philadelphia, The Best Lawyers in America (2005–2011, 2017–2019)

Recognized, Who’s Who Legal (2016)

Recognized, Pennsylvania Super Lawyers (2004–2010)

Listed as Recognized, Dispute Resolution, PLC Which Lawyer? Yearbook 2008

Member, Advisory Board of BNA's ERISA Compliance & Enforcement Library

Publications

6/7/2017 - Church Plan Litigation: Church Affiliates Exempt, No Matter Their Maker, ML BeneBits

6/20/2016 - Why Should Hospitals with “Church Plans” Be Concerned Now?

News

5/31/2019 - Eye on ERISA: A Chat with Morgan Lewis’s Practice Chairs, Law360

2/7/2019 - Retirement Plan Lawsuits Often Target Company Boards, Business Insurance

11/2/2016 - Litigation Department of the Year – Working Together: Morgan Lewis Relies on Global Team, The Legal Intelligencer

1/2/2012 - Litigation Department of the Year, The American Lawyer

Events

5/16/2019 - 2019 ERISA Litigation Roundtable

2/6/2019 - 2019 PLUS D&O Symposium on Wednesday

5/21/2018 - 2018 Annual Planning Meeting for the Retirement Advisor Council

8/31/2017 - Fast Break: ERISA

9/16/2015 - Hot Topics in Employee Benefits: What We’re Seeing – September 2015

8/12/2014 - Litigating Stock-Drop Claims After Dudenhoeffer: New Presumption Standard in Breach of Fiduciary Duty Claims

5/5/2014 - In-House Benefits Counsel Network’s Third National Conference

2/18/2014 - Anticipating the Outcome of Fifth Third on Fiduciary Breach Claims

12/4/2013 - 26th Annual ERISA Litigation Conference

9/9/2013 - ERISA Litigation & Regulatory Compliance Congress

6/18/2013 - Pension Risk Management: Important Lessons for the Corporate CFO

23rd Annual ERISA Litigation Conference

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