Jamie Fleckner is a partner in Goodwin’s Complex Business Litigation & Dispute Resolution practice focusing on the financial industry, and Chair of its ERISA Litigation practice. Mr. Fleckner represents clients in a wide array of complex commercial litigation, with a focus on financial services and products, including investment management. He regularly litigates class and derivative actions under ERISA, the Investment Company Act of 1940, the Securities Exchange Act of 1934, and related federal and state laws. His practice also focuses on regulatory investigations and governmental proceedings, and has represented clients before the U.S. Department of Labor, Securities and Exchange Commission, Department of Justice, Pension Benefit Guaranty Corporation and state authorities.

Mr. Fleckner has been recognized across the industry. Mr. Fleckner was named by BTI a “Client Service All-Star for 2020.” In 2019, Mr. Fleckner was recognized by Law 360 as an MVP in ERISA Litigation. His success in litigating cutting edge legal issues has been profiled in The American Lawyer’s Big Suits and Litigator of the Week features. According to Chambers USA: America’s Leading Lawyers for Business where Mr. Fleckner has been selected for inclusion since 2014, Mr. Fleckner is “at the top of his game,” and is “a rare thought leader” on ERISA litigation. Since 2015, he has been recognized as a leading lawyer in the list of Who’s Who Legal: Pensions and Benefits. 

Experience

ERFAHRUNG

EXPÉRIENCE

工作经历

Mr. Fleckner represents companies and individual officers in class and derivative actions, regulatory investigations and bankruptcy proceedings regarding the discharge of Investment Company Act, ERISA and other fiduciary duties. His major victories for clients include:

  • Successfully leading the trial team in Wildman v. American Century, 362 F. Supp. 3d 685 (W.D. Mo. 2019) where the Court, after a three week trial, rendered a full defense verdict on all claims that plan fiduciaries violated ERISA by utilizing primarily actively-managed, proprietary mutual funds in the first such case in over a decade to go to full verdict.
  • Successfully obtained dismissal, affirmed on appeal, for the sponsor of one of the nation’s largest retirement plans in an ERISA action challenging the propriety of continued use of company stock despite purportedly under-reserving for the liabilities of insurance subsidiaries by approximately $15 billion. Varga v. General Electric Company, 2020 WL 1064809 (N.D.N.Y. 2020), aff’d, 834 Fed. Appx. 686 (2d Cir. 2021).
  • Successfully obtained dismissal in a novel ERISA class action challenging the procedures used by a leading provider of long-term disability insurance when offsetting social security disability payments. Perry v. Metropolitan Life Insurance Co., No. 4:19-cv-00106 (M.D. Ga. 2020).
  • Successfully obtained a rare summary judgment ruling in favor of an investment adviser in Redus-Tarchis v. New York Life Investment Management LLC, 2018 WL 5307546 (D.N.J. 2018), in a derivative suit brought under Section 36(b) of the Investment Company Act of 1940 challenging the reasonableness of the fees charged by the investment adviser to four sub-advised mutual funds, with assets totaling over $40 billion.
  • Successfully obtained dismissal of a putative nationwide class action against one of the nation’s largest retirement recordkeepers in novel ERISA claims concerning the way in which revenue sharing was treated. Malone v. Teachers Insurance and Annuity Association of America, 2017 WL 913699 (S.D.N.Y. 2017).
  • Successfully obtained dismissal, and affirmance on appeal, of one of the first nationwide class action suits to combine claims under ERISA and the Investment Company Act of 1940 for alleged excessive fees involved with proprietary funds utilized on a 401(k) platform. Santomenno v. John Hancock, 768 F.3d 284 (3d Cir. 2014).
  • Successfully defended a leading multinational bank in ERISA arbitration involving the investment of over $1 billion in a stable value account for the benefit of retirement plan participants. Mr. Fleckner led the defense at arbitration that secured a ruling in the client’s favor on all claims.
Professional Activities

Mr. Fleckner is a member of the Boston and Massachusetts Bar Associations. He serves on the board of the Defined Contribution Institutional Investment Association. In addition to his professional associations, Mr. Fleckner has been involved in numerous community and philanthropic organizations, including as a member of the North American Board of the Union of Reform Judaism, numerous commissions of the Combined Jewish Philanthropies, the Public Policy Committee of the Jewish Community Relations Council and an elected member at the Needham (MA) Town Meeting.

Mr. Fleckner’s pro bono experience includes representing the fiduciary of a retirement plan for teachers in an inner-city charter school to recover misappropriated assets; representing prisoners in a civil rights action; and representing a religious institution in a constitutional challenge to restrictive zoning practices.

Recognition

Mr. Fleckner was named by BTI a “Client Service All-Star for 2020.” In 2019, Mr. Fleckner was recognized by Law 360 as an MVP in ERISA Litigation. Since 2014, Mr. Fleckner has been listed in the nationwide ERISA Litigation category in Chambers USA: America’s Leading Lawyers for Business, where clients praise his "knowledge of the ERISA area and ability to distill concepts into practical strategic advice." Since 2015 he has been recognized as a leading lawyer in the list of Who’s Who Legal: Pensions and Benefits. Since 2013 he has been recognized as a national leader in ERISA litigation by The Legal 500 United States. Since 2011, Mr. Fleckner has been recognized as a New England Super Lawyer by Law & Politics and Boston magazine. He was recognized in 2008 as a Massachusetts Super Lawyer “Rising Star” by the same publication.

In The News

MELDUNGEN

ACTUALITÉS

相关新闻

Credentials

WERDEGANG

RÉFÉRENCES

专业资格

Education

J.D., 1998
University of Connecticut School of Law

(magna cum laude)

B.A., 1991
Trinity College
(Hartford)

Admissions

Bar

Massachusetts

Courts

U.S. Supreme Court
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Second Circuit
U.S. Court of Appeals for the Third Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. Court of Appeals for the Eighth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court for the District of Massachusetts
U.S. District Court for the Western District of New York
U.S. District Court for the Western District of Wisconsin
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Our clients rely on us for world-class advisory services, counsel on complex transactional work and high-stakes litigation. Specializing in matters involving the financial, life sciences, private equity, real estate, and technology industries, we use a collaborative, cross-disciplinary approach to resolve our clients’ most challenging issues. To find out more, please contact us.

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