Jen Squillario

/My focus

I represent companies, executives, committees, and fiduciaries in all aspects of employee benefit litigation matters, including numerous ERISA litigation class actions. My experience includes defending clients in class actions regarding the administration of 401(k) and 403(b) savings plans, executive compensation arrangements, equity plans, top-hat plans, employee stock ownership plans, and defined benefit plans. I also have substantial experience advising clients on e-discovery issues and running large investigations and litigation matters, particularly those involving financial products.

In addition to my litigation practice, I have significant experience in corporate investigations and compliance. I regularly counsel clients on managing e-discovery issues, including records retention, litigation holds and preservation, and use of electronic information.

/Representative experience

The below representative experience includes representations from a prior firm.

• Kistler, et al. v. Stanley Black & Decker, Inc. (D. Conn.). Defending Stanley Black & Decker, Inc. against ERISA breach of fiduciary putative class action.
• Represented one of the largest private universities in an eight-day trial in the Southern District of New York in a case alleging breaches of ERISA fiduciary duties; obtained a defense judgment on all counts
• Obtained dismissal of a putative ERISA class action brought in the Southern District of New York
• Obtained summary judgment on behalf of a hospitality client in an ERISA putative class action in the District of Maryland; judgment affirmed by the Fourth Circuit
• Obtained dismissal of a putative ERISA class action regarding allegedly defective COBRA notices
• Obtained denial of class certification on behalf of Marriott International, Inc. in putative ERISA class action
• Representation of financial services companies, including investment advisers, broker dealers, and their associated persons in an SEC investigation related to use of quantitative models
• Represented a global life insurance company in lawsuits filed by a large commercial bank seeking recoveries arising from investment losses related to bank-owned life insurance
• Represented a global financial services and insurance company defending a case alleging purported violations of the False Claims Act against our client and certain investment banks. Motion to dismiss the first amended complaint was successful
• Represented seven former executives in a nine-figure breach of employment contract case in state court in Maryland
• Represented a global financial services and insurance company to investigate and develop its compliance program
• Represented a global financial services and insurance company to monitor compliance with various regulations and records management and retention requirements

Clerkships

• Court of Appeals of Maryland, The Honorable Glenn T. Harrell, Jr.
• United States District Court for the District of Maryland, The Honorable Andre M. Davis

/Looking ahead

Plaintiffs’ lawyers continue to test novel theories regarding ERISA’s fiduciary duties of prudence and loyalty. We expect the trend of ERISA class action filings to continue and possibly increase in the years ahead.

/Insights

• "ERISA row related to how employers use 401(k) forfeitures deepens," Nixon Peabody Benefits Alert, October 22, 2024
• "First reasoned ERISA forfeitures decision dismisses complaint," Nixon Peabody Benefits Alert, July 18, 2024
• "Courts divide on applicability of individual action arbitration clauses," Nixon Peabody Benefits Alert, May 29, 2024
• "Fifth Circuit reverses dismissal of ERISA Breach of Fiduciary Duty Claims," Nixon Peabody Benefits Alert, April 22, 2024
• "Pension plan de-risking transactions targeted by plaintiffs’ bar," Nixon Peabody Benefits Alert, April 2, 2024
• “Anatomy of a Lawsuit: What to know about ERISA class action litigation,” Heffernan Insurance Brokers Webinar, May 23, 2023
• “Top Five 401(k) Plan Administration Issues That Are Litigated in ERISA Class Actions,” Nixon Peabody 2023 California MCLE Virtual Seminar, January 19, 2023