A practical and innovative approach produces successful results.
Russell L. Hirschhorn, co-head of the ERISA Litigation Group, represents plan fiduciaries, trustees, sponsors and service providers on the full range of ERISA and state law benefit and fiduciary issues. From single plaintiff litigation and arbitration to complex class action litigation, he provides practical guidance, develops unique litigation defense strategies and, when appropriate, mediates successful resolutions.
Russell represents clients across a wide array of publicly-held, multi-national companies and privately owned companies across a multitude of industries including, banking, finance and investments, pharmaceuticals, retail products and construction, to name just a few. In addition, he also counsels benefit plan clients on a host of compliance and federal and state government agency enforcement matters, including complex and lengthy investigations and audits by the U.S. Departments of Justice and Labor.
Russell is management co-chair of the American Bar Association Employee Benefits Committee as well as management co-chair of the Trial Institutes Committee of the American Bar Association’s Labor and Employment Law. He also writes on cutting-edge ERISA litigation issues, serving as a contributing author and a past chapter editor to Employee Benefits Law (BNA Third Edition).
Deeply dedicated to pro bono work, Russell was a principal drafter of several amicus briefs for the Innocence Project, a legal non-profit committed to exonerating wrongly convicted people. Russell has been recognized on several occasions for his commitment to pro bono work including by President George W. Bush in receiving the U.S. President’s Volunteer Service Award.
Education
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Hofstra University School of Law, J.D.
With Distinction
Research Editor, Hofstra Law Review, 2000-2001
Staff Member, Hofstra Law Review, 1999-2000
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State University of New York at Oswego, B.S.
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University of Western Sydney, New South Wales, Exchange Student, 1996
Admissions & Qualifications
- New York
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals, Fourth Circuit
- U.S. Court of Appeals, Eighth Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Second Circuit
- U.S. District Court, New York, Eastern District
- U.S. District Court, New York, Northern District
- U.S. District Court, New York, Southern District
Memberships
Fellow, American College of Employee Benefits Counsel
American Bar Association
New York State Bar Association
Board of Directors of Justice in Aging
Awards & Recognition
Chambers USA: Nationwide: ERISA Litigation 2021-2022
New York Super Lawyers 2018-2022
New York Super Lawyers "Rising Stars” 2011-2016
The Legal 500 United States: Leading Lawyer 2020-2022
The Legal 500 United States: Next Generation 2017-2019
The Legal 500 United States: Labor & Employment: ERISA Litigation 2019-2022
The Legal 500 United States: Labor & Employment: Labor & Employment Litigation 2016-2018
New York State Bar Association's President's Pro Bono Award 2013
Urban Justice Center Social Justice Award 2013
The Becket Fund for Religious Liberty Inaugural Legal Service Award 2013
Hofstra University School of Law Emerging Leader Award 2007
Proskauer Rose Pro Bono Golden Gavel Award 2007
The U.S. President's Volunteer Service Award 2004
Matters
Benefit Claims
- Honeywell International in an ERISA class action seeking additional pension benefits based on pension formulas available in numerous company locations and allegedly impermissible plan amendments.
Company Stock Fund Class Actions
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Amgen, Inc. in obtaining a favorable ERISA stock-drop ruling from the U.S. Supreme Court.
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Avon Products, Inc. in an ERISA stock-drop class action claiming that the 401(k) plan fiduciaries breached their fiduciary duties because there allegedly was false and misleading material information relating to alleged FCPA violations that was provided to plan participants. (S.D.N.Y.)
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Sanofi in an ERISA stock-drop class action claiming that the 401(k) plan fiduciaries breached their fiduciary duties by failing to disclose alleged corruption in its business, which plaintiffs allege artificially inflated the value of the company stock. (S.D.N.Y.)
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Wells Fargo & Co. in an ERISA stock-drop class action claiming that the 401(k) plan fiduciaries breached their fiduciary duties by concealing material adverse facts related to alleged sales practice issues and failing to take appropriate action with respect to the stock fund. (D. Minnesota)
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Wells Fargo Bank, N.A. in its capacity as the directed trustee of RadioShack’s 401(k) plan, in an ERISA stock-drop class action claiming that the directed trustee should have taken action to prevent further investment in the RadioShack stock fund. (N.D. Texas)
Foreign Exchange Litigation
- JPMorgan Chase & Co. in ERISA class actions alleging breach of fiduciary duty and prohibited transactions claims related to ERISA plan foreign exchange transactions. (S.D.N.Y.)
Government Plans
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Buck Consultants in a claim for indemnification arising out violations of the ADEA in a county pension plan. (D. Maryland)
Proprietary Funds
- Wells Fargo & Co. in an ERISA class action claiming breaches of fiduciary duty in connection with offering proprietary funds as investment options in the 401(k) plan. (D. Minnesota)
Amicus Briefs
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Co-authored an amicus brief that was filed in the U.S. Supreme Court on behalf of the U.S. Chamber of Commerce, ERISA Industry Committee, American Benefits Council, Plan Sponsor Council of America and National Association of Manufacturers in the ERISA stock-drop case of Fifth Third Bancorp v. Dudenhoeffer
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Co-authored an amicus brief that was filed in the U.S. Supreme Court on behalf of the ERISA Industry Committee and American Benefits Counsel in a retiree benefits case, M&G Polymers USA, LLC v. Tackett
Employee Benefits & Executive Compensation Blog
Proskauer on developments in the world of employee benefits, executive compensation & ERISA litigation
Edited by Russell L. Hirschhorn