DeMario Carswell is a senior associate in Goodwin’s Complex Litigation & Dispute Resolution, ERISA Litigation and Financial Industry Litigation practices. He counsels and represents fiduciaries, plan sponsors, benefit plan service providers and trustees in all phases of complex ERISA litigation and ERISA compliance, in connection with employer-sponsored benefit plans, including defined contribution plans, employee stock ownership plans (ESOPs), insurance products and other benefit plans. DeMario also represents clients in regulatory investigations and enforcement proceedings, including with the Department of Labor.
Additionally, DeMario provides guidance to fiduciaries as to their fiduciary responsibilities and obligations under ERISA. He advises clients in proactively developing litigation risk mitigation strategies for ERISA benefit plans and their service providers.
Experience
Prior to joining Goodwin, DeMario served as ERISA counsel at M&T Bank and its subsidiary, Wilmington Trust. In his prior role, he focused on managing ERISA litigation and regulatory matters across the country, as well as providing counsel to various business lines and fiduciary committees on a variety of ERISA issues. His in-house experience has provided him with a unique view and insight on the day-to-day issues that impact his clients and how to position them best for success.
Prior to that, DeMario was a Litigation Associate in the Financial Services Department at a national law firm, where he represented national, regional, and local financial institutions in various areas of commercial litigation.
Professional Activities
DeMario is a member of the New York State Bar Association, D.C. Bar, and Illinois State Bar Association. He serves on The ESOP Association’s (TEA) advisory committee on Fiduciary Issues. He formerly served as a board member of the National Federation for Just Communities.
DeMario’s pro bono experience includes representing 501c3 organizations in litigation related disputes, representing prisoners in cases involving civil rights violations, and assisting clients with immigration related issues.
Credentials
Education
JD2011
University of Illinois College of Law
BSBusiness2005
State University of New York College at Buffalo
Admissions
Bars
- District of Columbia
- New York
- Illinois
Courts
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Southern District of Illinois
- U.S. District Court for the Eastern District of Missouri
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
Recognition & Awards
DeMario has been selected for inclusion in The Legal 500 U.S. 2022.
Publications
DeMario’s recent publications and speaking engagements include:
- Co-Author, “A Step Towards Guidance Instead of Regulation by Litigation in the ESOP Space,” Benefits Law Journal, June 2023
- Speaker, “2022 ESOP Litigation and Enforcement Recap and What's Next,” ESOP Association’s Mid-Atlantic & Carolinas Chapters 2023 Joint Spring Conference, (March 2023)
- Co-Author, “In Burke v. Boeing, Seventh Circuit Aptly Rejects ESOP Beneficiaries’ Stock-Drop Insider Claims,” Washington Legal Foundation, (November 2022)
- Speaker, “ESOP Legal Update,” ESOP Association OH/KY Chapter—2022 Thoroughbred Conference, (August 2022)
- Co-Author, Cryptocurrencies as Investment Options in 401(k) Plans, Volume 25 Issue 3, (June 2022)
- Speaker, TEA National Conference 2021, (June 2021)
- Speaker, “PlanAdviser — Have We Learned Anything From So Much ERISA Litigation?” Goodwin Webinar, (December 2020)
- Speaker, 2020 DCIIA & SPARK Summer Public Policy Forum Series, (August 2020)
- Speaker, The 17th National Forum on ERISA Litigation, (November 2019)