Sam Levin specializes in litigation related to retirement plans.  He has extensive experience representing:

  • 401(k) and 403(b) plan fiduciaries in class actions challenging plan expenses and investment performance;
  • Financial services companies alleged to be fiduciaries in connection with investment products sold to retirement plans;
  • Multiemployer plan fiduciaries and actuaries in litigation and arbitration regarding withdrawal liability and actuarial assumptions; and
  • Plan fiduciaries and insurance companies in connection with investigations by the Department of Labor and Department of Justice.

The range of Sam’s practice extends from a successful 30-day arbitration to amicus briefs before courts of appeals and the Supreme Court.  He has obtained significant rulings for his clients on the scope of ERISA’s prohibition on exculpatory provisions, the operation of stable value funds, the impact of disparate damages on class certification, and successor liability.  Additionally, Sam has persuaded opposing counsel to voluntarily dismiss claims with no recovery against his clients on numerous occasions.

Leveraging his litigation experience, Sam also consults on fiduciary compliance, structuring investment products, evaluating prohibited transaction risk and potential liability in corporate transactions, and drafting arbitration and class action waiver provisions.

Clerkships
  • Law Clerk, The Honorable D. Brooks Smith, U.S. Court of Appeals for the Third Circuit
Honors & Distinctions
  • Roger and Madeleine Traynor Prize (co-best written work by a graduating student at the University of Virginia)