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Joseph J. Torres
Chair
312 840-8685 jtorres@jenner.com
ERISA Litigation
Awards and Recognitions
- Chambers & Partners Recognizes 48 Firm Lawyers Across 42 Categories in its 2020 Guides May 11, 2020
- Best Lawyers in America Recognizes 48 Firm Lawyers August 21, 2019
- Law360 Names Four Firm Practices as “Practice Groups of the Year” January 2019
- Five Firm Lawyers Selected as Law360 MVPs November 26, 2018
- Legal 500 United States Recognizes 22 National Practice Categories and Names Five “Leading Lawyers” July 12, 2018
- Five Partners Named Among “Chicago’s Notable Women Lawyers” June 22, 2018
- Chambers USA Ranks 29 Practices and 47 Lawyers in 2018 Guide May 3, 2018
- Illinois Super Lawyers Recognizes 76 Firm Lawyers January 31, 2018
- Partner Reena Bajowala Named a “2017 Best Lawyer Under 40” September 7, 2017
- Best Lawyers In America Recognizes 47 Firm Lawyers August 2017
- Legal 500 Recognizes Intellectual Property Practice; Recommends Firm in 20 National Practice Categories; And Names Six “Leading Lawyers” June 14, 2017
- Best Lawyers in America Recognizes 46 Firm Lawyers August 15, 2016
- Legal 500 Names Government Contracts and Intellectual Property Practices as “Top-Tier”; Recommends Firm in 14 National Practice Categories; and Names Six “Leading Lawyers” June 28, 2016
- Partners Jason Osborn and Melissa Root Selected as “Emerging Leaders” by The M&A Advisor April 2016
- Best Lawyers Recognizes 46 Jenner & Block Partners in 2016 Edition August 20, 2015
- Legal 500 Recognizes Copyright Practice; Recommends Firm in 13 National Practice Categories; and Names Three “Leading Lawyers” June 3, 2015
- Leading Lawyers Network Names Seven Partners As Top Illinois Women Lawyers April 28, 2015
- Partner Craig Martin Ranked Among Chicago Magazine’s “Power 100” March 6, 2015
- Reena Bajowala named a 2015 Womenetics POW! Award Recipient January 2, 2015
- Illinois Super Lawyers Recognizes 67 Firm Attorneys, 31 "Rising Stars" January 14, 2014
- Illinois Super Lawyers Recognizes Jenner & Block Attorneys January 4, 2011
Recent Events
- “DOL Activity on Proposed Rules, Audits, Investigations and Enforcement Actions,” American Conference Institute, 17th National Forum on ERISA Litigation November 21, 2019
- "Hot Topics in ERISA Litigation," World Wide Employee Benefits, Chicago June 28, 2017
- “Leading with Emotional Intelligence,” 7th Annual Women’s Conference, Illinois Diversity Council April 26, 2016
- "Litigating India-US Cross Border Disputes,” ABA, Society of Indian Law Firms February 18, 2016
- “Strategizing from the Start: Shaping Your Practice Early On,” Women’s Bar Association of Illinois (Chicago, IL) October 29, 2015
- “Because You’re Worth It: Achieving Advancement and Fair Compensation in the Legal Profession,” Illinois State Bar Association May 07, 2015
- “6th Annual Women’s Conference,” Illinois Diversity Council April 23, 2015
- American Conference Institute’s 9th National Forum on ERISA Litigation April 13, 2015 to April 14, 2015
- Origins Banquet, Asian Pacific American Law Students Association March 26, 2015
- “POW! Awards Luncheon,” Womenetics March 25, 2015
- “Path to Partner,” Northwestern University Law School APALSA/SALSA March 10, 2015
- “Legal Malpractice Claims and the Young Lawyer: How Claims Arise and Good Habits for Minimizing the Risk,” Chicago Bar Association November 04, 2014
- “Dancing with the Devil: Aiding and Abetting Liability for Lawyers,” ABA 2014 National Legal Malpractice Conference, Boston, MA May 01, 2014
- Chair, American Conference Institute's 7th National Forum on ERISA Litigation April 28 - 29, 2014
- “Navigating Workplace Politics for Positive Results,” Illinois Diversity Council 5th Annual Women’s Conference, Chicago, IL April 25, 2014
- “U.S. Solutions to Bankruptcy Problems,” Training Program on Bankruptcy Law March 07, 2014
- “ERISA Supreme Court Update,” Chicago Bar Association Employee Benefits Committee February 21, 2014
- "Institutional Investors: Protecting Your Assets - The Best Defense May Be a Good Offense," Jenner & Block and Huron Consulting Group, Chicago, IL February 03, 2014
- In-House Roundtable, Sixth National Forum on ERISA Litigation October 24, 2013
- “Private Health Insurance Exchange Symposium,” Hager Strategic June 20, 2013
- “Private Health Insurance Exchange Symposium,” Hager Strategic June 20, 2013
- "Defending Against Joint Defense Agreement Pitfalls" at “Ethics for Litigators 2013,” Practising Law Institute May 01, 2013
- “Recent Developments in Employee Benefits,” Chicago Bar Association March 12, 2013
- “Active Health And Welfare,” and “Defined Contribution Plans,” American Bar Association - M&A Due Diligence for ERISA Attorneys: A Case Study, Chicago, IL June 29, 2012
- University of Michigan Asian Pacific American Law Student Association's (APALSA) - Origins Fellowship Banquet March 27, 2012
- 24th Annual ERISA Litigation Conference, West LegalEdcenter, New York, NY November 09, 2011
- The Knowledge Congress - Mediating Corporate Disputes Successfully -- Avoidance of Litigation's Perils August 17, 2011
- "Hot Topics in Employee Classification,” North American South Asian Bar Association, Los Angeles, CA June 23, 2011
- The Knowledge Group - Mediating Corporate Disputes Successfully - Avoidance of Litigation Perils May 25, 2011
- “Overcoming ERISA’s Ethical Issues: Establishing Representation with Proper Parties, Preserving Privilege, and Limiting Discovery of Privileged Documents,” American Conference Institute, San Francisco, CA April 13, 2011 to April 15, 2011
- American Conference Institute - 2nd Annual Forum on Defending and Managing ERISA Litigation October 20, 2010
- "Benefits and Bankruptcy: On a Collision Course?!" Colorado Bar Association National CLE Conference - Employee Benefits, Vail, CO January 06, 2010 to January 10, 2010
- “Misrepresentations and Other Claims for Benefits” and “Employer Stock Cases,” 22nd Annual ERISA Litigation Conference, Las Vegas, NV October 22, 2009 to October 23, 2009
- “Disability and Health Claims in the Wake of MetLife v. Glenn: A Focus on Defending Welfare Benefit Cases and Retiree Health Benefit Litigation,” American Conference Institute, New York, NY October 20, 2009
- The American Lawyer - The National Law Journal and Corporate Counsel Magazine 2009 Litigation Summit October 19, 2009 to October 20, 2009
- West LegalWorks - 21st Annual ERISA Litigation Conference
- West Legalworks - 21st Annual ERISA Litigation Conference October 23, 2008
- Asian American Women Business Initiative's Workshop: "Legal and Insurance Issues for Businesses," Chicago, IL June 10, 2008
- “Generational Change: The Legal Landscape as Baby Boomers Retire," The John Marshall Law School Symposium on Employee Benefits Law, Chicago, IL April 25, 2008
- The Chicago Bar Association Financial & Investment Services Committee Meeting, Chicago, IL March 11, 2008
- West Legalworks - 20th Annual ERISA Litigation Conference February 14, 2008 to February 15, 2008
- “Employee Severance Under Attack: The Courts’ Latest Rulings, Crafting and Negotiating Enforceable Release and Pay Provisions,” Strafford Publications Teleconference January 16, 2008
- Strafford Publications - Legal Risks of ESOPs: Strategies to Avoid ERISA Violations and Liability November 01, 2007
- West Legalworks - 20th Annual ERISA Litigation Conference October 11, 2007 to October 12, 2007
- New York University School of Law, Office of Career Services "The Road Less Traveled" Panel August 23, 2007
- American Society of Pension Professionals & Actuaries and Internal Revenue Service - Great Lakes Benefits Conference May 03, 2007 to May 04, 2007
- The John Marshall Law School - Symposium on Employee Benefits Law April 07, 2006
- Legalworks - ERISA Litigation Conference February 16, 2006 to February 17, 2006
- The John Marshall Law School - Symposium on Employee Benefits Law April 08, 2005
Recent News
- Firm Team Secures Important 7th Circuit Victory for Northwestern University March 27, 2020
- Summary Judgment Victory for CenturyLink March 5, 2020
- ERISA Litigation Practice Chair Amanda Amert Discusses Implications of US Supreme Court Case November 5, 2019
- Law360 Names ERISA Litigation Practice a “Practice Group of the Year” February 27, 2019
- Law360 Spotlights Partner Amanda Amert’s ERISA Litigation Practice January 25, 2019
- Firm Wins Victory for Northwestern when Judge Dismisses Complaint May 25, 2018
- Firm Achieves Victory for Aon Hewitt March 19, 2018
- Firm Wins Victory for Northern Trust in Seventh Circuit April 11, 2018
- Jenner & Block Achieves Victory for Northern Trust When Judge Dismisses Complaint July 14, 2017
- Jenner & Block Wins Victory for Northern Trust when ERISA Complaint Is Dismissed March 6, 2017
- Partner James Malysiak Featured in Article about Serving as US Supreme Court Clerk January 2017
- Partner Michael Scodro Installed as Appellate Lawyers Association President June 11, 2015
- Partner Craig C. Martin Joins Crown Family Philanthropies Board February 9, 2015
- Inside Counsel Article Spotlights Partner Amanda Amert’s Role in Firm’s Victory for Nuveen Asset December 31, 2014
- Jenner & Block Wins Dismissal for Nuveen Asset Management in Billion-Dollar Litigation December 1, 2014
- Forty-Two Attorneys Recognized in Best Lawyers in America August 18, 2014
- Legal 500 Hails CME Practice; Jenner & Block Recommended in 13 National Categories Overall July 30, 2014
- Reena Bajowala named to Lawyers of Color “Hot List” July 25, 2014
- Melissa Root Named a Leadership Greater Chicago Fellow for 2015 July 10, 2014
- Jenner & Block Announces New Partners for 2014 January 1, 2014
- Forty Jenner & Block Attorneys Selected for Inclusion in The Best Lawyers in America August 15, 2013
- Jenner & Block Partner Reena R. Bajowala Selected as a Leadership Council on Legal Diversity Fellow for 2013 March 15, 2013
- Illinois Super Lawyers Recognizes 66 Firm Attorneys, 27 "Rising Stars" January 11, 2013
- Jenner & Block Announces New Partners for 2013 December 13, 2012
- Eighty-Nine Jenner & Block Attorneys Selected for Inclusion in Illinois Super Lawyers January 9, 2012
- Jenner & Block Partner Amanda S. Amert Named a Law360 "Rising Star" March 29, 2011
- Jenner & Block Elects 12 Associates to Partnership January 10, 2011
- Barry Levenstam Receives Seventh Circuit Bar Association's First Pro Bono Award April 29, 2010
- Seventh Circuit Affirms Dismissal of RICO Suit Against Jenner & Block Clients as "Groundless" 2010-02-12
- Jenner & Block Secures Appellate Win for SPX Corporation in ERISA Case January 14, 2008
- Freeman and Malysiak Secure Seventh Circuit Victory in ERISA Class Action August 17, 2007
- Martin Discusses Fiduciary Duties at PricewaterhouseCoopers General Counsel Forum August 14, 2007
- Martin Discusses ESOP Fiduciary Litigation at Great Lakes Benefits Conference July 5, 2007
- Jenner & Block Attorneys Discuss Pension Protection Act with John Marshall Law School Students May 11, 2007
- Scogland to Serve as Vice Chair of ERISA Advisory Council May 1, 2007
- Marmer and Martin Participate in ABA's Inaugural E-Discovery Institute March 28, 2007
- Martin to Co-Chair ABA's Pretrial Practice & Discovery Committee August 28, 2006
- MCCA: Ling Provides Insight Into New Executive Compensation Rules March 17, 2006
- 2005 CLT SuperConference Focuses on Hottest Issues Facing In-House Counsel June 20, 2005
Recent Publications
- Client Alert: COVID-19 Benefit Plan Updates May 5, 2020
- Client Alert: Benefit Plan Relief in Response to COVID-19: CARES Act Impact on Retirement and Health Plans March 31, 2020
- Client Alert: Northwestern Prevails in Seventh Circuit Appeal of Dismissal of ERISA Class Action March 30, 2020
- Insight: PBMs Facing More Than ERISA Suits as RICO, Antitrust, State Law Claims Grow, Bloomberg Law November 18, 2019
- “Early Returns on Actuarial Equivalence Cases,” Employee Relations Law Journal Winter 2019
- Client Alert: ERISA Section 403(b) and 457 Retirement Plans Are the Subject of New Government Agency Investigations October 11, 2019
- INSIGHT: Exclusive Benefit – An Analysis of PBMs as Potential ERISA Fiduciaries, Bloomberg Law October 4, 2019
- 8 Best Practices for Handling ERISA Benefit Claims, Law360 September 27, 2019
- “Follow the Scripts – Trends in ERISA Litigation against PBMs,” Bloomberg Law August 7, 2019
- “Everything Old is New Again: Stock Drop Lawsuits on the Rise,” Employee Relations Law Journal Summer 2019
- Client Alert: “Fourth Circuit Affirms $30 Million in Trustee Liability for Overvalued ESOP” April 26, 2019
- Client Alert: “New ERISA Complaints Target Employers Facing Corrective Action on Potentially Inflated Stock Value” February 14, 2019
- “Drawing the Line Between Possible and Plausible in Breach of Fiduciary Duty Claims,” Employee Relations Law Journal Spring 2019
- “Fee Awards Under ERISA – The Long and Winding Road to ‘Some Success on the Merits,’” Employee Relations Law Journal Autumn 2018
- “New Plaintiffs’ Firms Bring Increased ERISA Litigation Risks for Employers,” Employee Relations Law Journal Summer 2018
- “What Happens After Breach of Fiduciary Duty Claims Stemming from Denials of Benefits Survive a Motion to Dismiss,” Employee Relations Law Journal Spring 2018
- “Equitable Relief under ERISA Following Amara,” Employee Relations Law Journal Winter 2017
- “The Upward Trend in ERISA Class Action Class Action Settlements,” Employee Relations Law Journal Autumn 2017
- “Cert Denial in Carolinas Electrical Workers Retirement Plan a Win for ERISA Plan Service Providers,” Employee Relations Law Journal Summer 2017
- “A Deepening Split: Enforceability of Venue Selection Clauses Under ERISA,” Employee Relations Law Journal Spring 2017
- “A Cautionary Note on Venue Selection Clauses in ERISA Plans,” Employee Relations Law Journal Winter 2016
- “Providers Beware: Failure to Keep Track Means You Have to Pay It Back,” Employee Relations Law Journal Autumn 2016
- “When the Shoe Doesn’t Fit: Provider-Plaintiffs’ Standing in the Face of Anti-Assignment Clauses,” Employee Relations Law Journal May 9, 2016
- Client Alert: Michigan Tax on Claims Paid Goes Back to the Sixth Circuit May 2, 2016
- “Will the Duty to Monitor Erode ERISA’s Limitations Provisions?” Employee Relations Law Journal Spring 2016
- Client Alert: Supreme Court Ruling Requires Quick Action To Protect Subrogation Rights January 20, 2016
- “The ERISA Trifecta: Injury, Standing, and Equitable Relief,” Employee Relations Law Journal Winter 2015
- “When Is a Church Not a Church?” Employee Relations Law Journal Autumn 2015
- Client Alert: SEC Proposes Sweeping Rule on Incentive Pay Clawbacks July 7, 2015
- “A Farewell to Yard-Man,” Employee Relations Law Journal Summer 2015
- “Perez v. Bruister: An Appraisal,” Employee Relations Law Journal Spring 2015
- “Lytle v. Lowe’s Home Centers, Inc: A Case Study in ERISA and Employee Classification Issues,” Employee Relations Law Journal Autumn 2014
- Client Alert: “Supreme Court Adopts New Prudence Pleading Requirements for ERISA Stock-Drop Cases in Fifth Third Bancorp v. Dudenhoeffer” July 1, 2014
- “The ERISA Uncertainty Principle: Edmonson v. Lincoln National Life Insurance Company and ERISA’s Unanswered Questions,” Employee Relations Law Journal Summer 2014
- “3 Ways to Ease the Leap From Firm to In-House Counsel,” Corporate Counsel April 14, 2014
- “Capping Hours to Avoid ACA Costs Could Violate ERISA,” CFO March 24, 2014
- Client Alert: Limited Excepted Benefits under Health Care Reform – What It Means to You? January 30, 2014
- “A Challenge to the Prevailing Orthodoxy: Plaintiffs’ Bar Takes on Church Plans,”Employee Relations Law Journal August 2013
- Client Alert: Seventh Circuit Clarifies Standard for Establishing Fiduciary Status for Plan Service Providers April 22, 2013
- Client Alert: Second Circuit Applies Rebuttable Presumption that Fiduciaries Were Prudent in Offering Employer Stock for One Retirement Plan But Denies the Presumption to Another Plan March 7, 2013
- “Federal Court Decision Creates More Uncertainty for ERISA Co-Fiduciaries on Contribution Claims,” Employee Relations Law Journal Spring 2013
- “Pension De-Risking Litigation: Recent Developments,” Employee Relations Law Journal, Vol. 39, no. 3 Winter 2013
- Client Alert: Federal Court Allows ERISA Fiduciaries To Seek Contributions from Other Fiduciaries, Creating More Uncertainty in ERISA Litigation November 9, 2012
- “Unintended Consequences: Corporate Purchase Agreements and Amending ERISA Plans,” Employee Relations Law Journal, Vol. 38, No. 2 Autumn 2012
- Client Alert: Sixth Circuit Reverses Dismissal Of ERISA Class Action Where SEC Filings Were Incorporated Into Benefit Plan Communications September 11, 2012
- “Eleventh Circuit Becomes Latest Circuit to Adopt Rebuttable Presumption That Fiduciaries Act Prudently by Investing in Employer Stock,” Employee Relations Law Journal, Vol. 38, No. 2 Autumn 2012
- Client Alert: Reopening the Brokerage Window – DOL Revises its Controversial Position on Brokerage Windows and Eliminates Its 1% Look-Through Test August 2, 2012
- Co-author, “State of Illinois,” The Law of Lawyers’ Liability, American Bar Association June 2012
- "A Second Bite at the Apple: Plaintiffs’ Ability to Re-Plead ERISA Actions," Employee Relations Law Journal, Vol. 37, No. 4 Spring 2012
- "A Comprehensive ERISA Policy Now, Less Trouble Later," Law360 March 15, 2012
- Client Alert: New York’s Highest Court Holds Employer’s ERISA Settlement Ineligible for Coverage by Insurer March 1, 2012
- Client Alert: Final PPACA Summary of Benefits and Coverage Regulations Issued February 17, 2012
- “Top 10 ERISA Developments of 2011” February 6, 2012
- Co-author, "(Possible) Good News For ERISA Fiduciaries," Law360 May 3, 2011
- Co-author, Client Advisory: Supreme Court Broadens Interpretation Of ERISA Attorney Fees Provision To Reject "Prevailing Party" Standard, Concluding That Only "Some Success On The Merits" Is Required May 25, 2010
- Client Advisory: Supreme Court Rules in Conkright v. Frommert: "People Make Mistakes" April 21, 2010
- Client Advisory: Mental Health Parity and Addiction Equity Act of 2008: Interim Final Regulations Issued - What Employers Need to Do Now March 1, 2010
- Client Advisory: The PBGC's Proposed Changes May Affect Plan Sponsors with Credit Agreements January 28, 2010
- Client Advisory: IRS Provides Relief If Certain Section 409A Document Failures Are Corrected By Year-End and Issues Guidance on Deducting Contingent Bonus Compensation January 26, 2010
- Client Advisory: DOL Finalizes New Regulations Defining when Plan Contributions Become Plan Assets: Adopts Small Plan Contribution Safe Harbor January 21, 2010
- "Metlife v. Glenn Repercussions: Changing the Way Courts View Conflicts of Interest in Benefits Denial Claims," Employee Relations Law Journal, Vol. 35, No. 1 Summer 2009
- Client Advisory: Supreme Court Rules on ERISA Beneficiary Designation January 29, 2009
- Client Advisory: How the Market Meltdown May Affect Your Pension Plan (and Your Company) December 4, 2008
- "The New Deferred Compensation Rules: An Issue-Spotter's Guide to Tax Code Section 409A," ACC Docket July/August 2008
- “An Expanded and Clarified Exemption, an Expanded and Clarified Role for Independent Fiduciaries,” Employee Relations Law Journal, Vol. 34, No. 1 Summer 2008
- "Baby Ka-Boom! Coming Developments in ERISA Litigation Due to Social, Demographic, and Financial Pressures From the Baby Boom Generation," John Marshall Law Review Summer 2008
- Client Advisory: U.S. Supreme Court Rules on Plan Administrators' Conflicts of Interest in Deciding Benefits Claims June 20, 2008
- Client Advisory: Proposed Fee Disclosure Requirements May 5, 2008
- “The Subprime Crisis,” Employee Relations Law Journal, Vol. 33, No. 4 Spring 2008
- "Are You in Good Hands? Why Employers Should Carefully Read Their Fiduciary Liability Insurance Policies?" Employee Relations Law Journal, Vol. 33, No. 3 February 23, 2008
- Client Advisory: The Supreme Court Permits Individual Cause of Action in LaRue V. DeWolff February 20, 2008
- Client Advisory: Code Section 409A Transition: What To Do by the End of 2007 (and Where to Get Started in 2008) December 7, 2007
- Client Alert: Final Regulations on Qualified Default Investment Alternatives Released November 6, 2007
- "Stock Option Strike Prices Under Section 409A," Compliance Week November 1, 2007
- "Liability Driven Investment Strategies – What ERISA Fiduciaries Need to Know," The Investment Lawyer, Vol. 14, No.9 September 9, 2007
- “A ‘Bend-but-Don't-Break’ Defense?: Employee and Public Relations in the Administration of a High-Profile Retirement Plan,” Employee Relations Law Journal, Vol. 33, No. 2 Autumn 2007
- "Understanding Complete And Conflict Preemption Under ERISA: A Primer For Lawyers," Mealey's Litigation Report: ERISA, Vol. 6, No. 4 August 2007
- "ESOPs increasingly used to fund going-private deals," Midwest In-House July 7, 2007
- "Beck v. Pace Int'l Union: Blurring the Settlor/Fiduciary Divide," Employee Relations Law Journal, Vol 33, No. 1 Summer 2007
- "LaRue v. DeWolff and the Fourth Circuit's Clarification of Civil Enforcement Provisions Under ERISA," Employee Relations Law Journal, Vol 32, No. 4 Spring 2007
- “Something Fishy This Way Comes: Haddock v. Nationwide Financial Services,” Employee Relations Law Journal, Vol. 32, No. 3 Winter 2006
- “Interpreting Section 502(a)(2) of ERISA with Respect to Individual Account Plans” Employee Relations Law Journal, Vol. 32, No. 2 Autumn 2006
- "What's Up on Stock-Drops? Moench Revisited," The John Marshall Law Review, Vol. 39, No. 3 Spring 2006
- "Schering-Plough and the Scope of the Moench Presumption," Employee Relations Law Journal, Vol. 31, No. 4 Spring 2006
- “Mandatory Arbitration for Employee Benefits Disputes: What To Do And (More Importantly) What Not To Do,” Law Journal Newsletters: The Corporate Counselor, Vol. 19, No. 11 April 2005
- Jenner & Block ERISA Fiduciary and Company Stock Bulletin October 28, 2004
- Jenner & Block ERISA Fiduciary and Company Stock Bulletin June 1, 2004
