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Jeffrey Huvelle is a litigator who focuses on ERISA and employment discrimination. He has won 15 consecutive discrimination suits tried to a verdict before a jury or the court. He has represented IBM, Verizon, UTC and GE in major ERISA class actions. Mr. Huvelle defended IBM’s cash balance plan against age claims in Cooper v. IBM Personal Pension Plan, 457 F.3d 636 (7th Cir. 2006), perhaps the most significant benefits case in the country in recent years. He successfully defended Verizon’s cash balance plan against age claims in a case now on appeal in the 2nd Circuit and has represented amici in the first cash balance cases to reach the 3rd and 9th Circuits. He has defended numerous suits seeking plan benefits on behalf of workers classified as independent contractors, and he is currently involved in class actions involving 401(k) plans, including stock drop claims brought against GE and fees/expenses claims against UTC.
Representative Matters
- Cooper v. IBM Personal Pension Plan, 457 F.3d 636 (7th Cir. 2006), cert. denied, 127 S. Ct. 1143 (January 16, 2007) - served as lead counsel and argued the 7th Circuit appeal in defense of IBM's cash balance formula. This was the first appellate court decision ruling on claims that the cash balance formula violates the age provision of ERISA. The appellate victory was important to IBM because the parties had stipulated that IBM would pay an extra $1.4 billion if it did not prevail on appeal. It was also important because more than a thousand US companies currently use cash balance formulas.
- Bryerton v. Verizon Communications, 2007 WL 11202090 (S.D.N.Y. 2007) - successful defense of Verizon in the Southern District of New York against class action claims that its cash balance formula violates the age provision of ERISA. The case is currently on appeal to the 2nd Circuit and should result in the first decision by the Second Circuit on this important issue.
- Keen v. Lockheed Martin Corp., 486 F. Supp. 2d 481 (E.D. Pa. 2007) - successful defense of co-defendant GE on for claims for plan benefits by purported class of third-party contractors. Currently on appeal to the 3rd Circuit.
Honors and Rankings
- Recognized by Best Lawyers in America for Labor and Employment Law in 2007 and 2008
- Ranked among leading ERISA litigators nationwide by Chambers in 2006 and 2007.
Pro Bono
- Litigation on behalf of African-American customers alleging denial of service by a restaurant chain because of their race.
- Litigation on behalf of an employee terminated after his employer learned that he was HIV-positive.
- Advice to a number of non-profits on employment issues.
Publications and Speeches
- MCLE Lectures on Employment Torts
- "Survey of District of Columbia Employment Privacy Law," Media Law Resource Center, 50-State Survey of Employment Libel and Privacy Law (2005/2006), Co-Author
- "The Supreme Court and Sexual Harassment: New Rules of Liability," (9/10/1999), Co-Author
- "Stiff Wrists At Work Mean Stiff Fines for Many U.S. Businesses," Legal Times (February 1990)
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