Melissa D. Hill

Employers and employee benefit plan sponsors and fiduciaries seek Missy’s counsel when faced with disputes with employees, plan participants, and beneficiaries in federal, state, and appellate courts. In addition to litigation, Missy represents employers and fiduciaries in connection with investigations by the US Department of Labor, and counsels clients across a variety of industries on day-to-day employment issues, such as adverse employment decisions and litigation avoidance.

She also formerly served as the deputy hiring partner and co-managing partner for the New York office.

• For a national healthcare company, secured complete summary judgment on ERISA class action claims of fiduciary breach related to target date fund and other investment offerings in defined contribution 401(k) plan
• For global brokerage and trading provider, secured preliminary dismissal and later summary judgment of remaining class action claims, with affirmance at the US Court of Appeals for the Second Circuit, of ERISA fiduciary breach and prohibited transaction claims related to alleged double charging scheme impacting defined benefit pension plans
• For major technology company, secured Rule 12 dismissal of alleged $500 million in class action claims for unpaid severance on theory that severance practices constituted an ERISA-governed benefits plan
• For international financial institution, defeated class certification on claims that unreasonable actuarial assumptions in employer pension plans resulted in reduced pension payments in violation of ERISA
• For global financial institution, secured completed threshold dismissal in arbitration of individual claim for severance benefits under company severance plan based on termination for cause
• For global insurance firm, secured complete voluntary dismissal of ERISA fiduciary breach claims related to investments and recordkeeping fees charged to company-sponsored 401(k) plan during pendency of motion to dismiss
• For premier New York-based real estate management company, secured summary judgment on claims of retaliation, harassment, and failure to accommodate
• For major municipality, secured complete summary judgment and affirmance at Second Circuit of claims for withdrawal liability under the Multiemployer Pension Protection Amendments Act based on theories of joint employer and alter ego liability