Ted Becker Ted Becker

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Ted Becker focuses his practice on litigation under the Employee Retirement Income Security Act (ERISA) and related federal and state actions, and defense of government investigations and audits relating to employee benefit, health and welfare, and retirement plans brought by the US Department of Labor, the Internal Revenue Service, and the US Department of Justice. He is a leading voice and nationally recognized practitioner in this complex practice area. He has represented public and private companies that sponsor employee benefit, health and welfare, and retirement plans governed by ERISA, and their directors and officers and plan fiduciaries, as well as service providers to ERISA plans and plan sponsors. He has extensive experience in Employee Stock Ownership Plans (ESOPs) and has defended some of the highest profile lawsuits involving ESOPs, helping to define the landscape of the evolving law relating to ESOPs. Read Ted Becker's full bio.

Investor Guidelines for Shared Value Creation in Employee Ownership Transitions Unveiled


By and on Feb 27, 2020
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues

One of the big questions for the employee ownership field is, why has the number of US employee-owned firms failed to grow significantly over the last couple of decades? An upcoming paper from Fifty by Fifty proposes that the barrier to growth is a lack of agency. Employees don’t have the knowledge, skills or capital...

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Ninth Circuit Decides Not to Rehear Its Decision Requiring Arbitration of ERISA Claims


By and on Dec 19, 2019
Posted In Benefit Controversies, Employee Benefits, Employment, Retirement Plans

As we wrote in a previous On the Subject, the Ninth Circuit Court of Appeals had signaled that it might rehear its August 2019 decisions in Dorman v. The Charles Schwab Corp., in which the Court compelled arbitration of ERISA class-action claims relating to a 401(k) plan. After ordering additional briefing, however, the Ninth Circuit denied the...

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Ninth Circuit Considers Rehearing in ERISA Arbitration Case


By and on Nov 5, 2019
Posted In Benefit Controversies, Fiduciary and Investment Issues, Retirement Plans

The Ninth Circuit signaled that it might rehear Dorman v. The Charles Schwab Corp., where earlier this year it held that a mandatory arbitration provision required arbitration of an ERISA fiduciary-breach claim. Access the full article.

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Eye on ERISA: Q&A with McDermott’s Ted Becker


By on Oct 8, 2019
Posted In Benefit Controversies, Health and Welfare Plans, Retirement Plans

As presidential hopefuls bemoan the high cost of healthcare, McDermott’s Ted Becker imagines a stack of lawsuits pushed toward corporations and insurance companies. If workers can use the Employee Retirement Income Security Act to challenge 401(k) plans’ fees and investments, why can’t they use it to sue over how their health insurance plans are managed?...

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On Top of ESOP Developments: Insights from the 42nd ESOP National Conference


By and on Aug 1, 2019
Posted In Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues, Retirement Plans

The 2019 ESOP National Conference, an annual gathering for employee owners from all levels, association volunteer leaders and expert professionals, took place May 22–24. Two McDermott partners, Theodore (Ted) M. Becker and Erin Turley, presented three sessions during the conference, the slides of which are available for download on the conference website. See descriptions of...

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ERISA Plan Controversy | Rising Stakes for Those Unprepared


By and on Mar 21, 2019
Posted In Benefit Controversies, Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues, Health and Welfare Plans, Retirement Plans

In a presentation at McDermott’s Employment and Employee Benefits Forum, Ted Becker and Chris Scheithauer explored the various ways that disgruntled employees file lawsuits with plaintiffs’’ lawyers. Lawsuits have been brought in cases alleging, imprudence in the management of plans, challenging fees, involving company stock, actuarial equivalence and more. They used recent cases such as,...

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Fridays With Benefits Webinar | ERISA Litigation – Are You Bullet-Proofed for the Inevitable?


By , and on Jan 9, 2019
Posted In Benefit Controversies, Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues, Health and Welfare Plans, Retirement Plans

What to expect in 2019 and how to prepare now. Join McDermott lawyers Judith Wethall, Ted Becker and Rick Pearl for an interactive discussion regarding ERISA litigation trends. Join our lively 45-minute discussion while we tackle the following items: Plaintiffs’ law firm’s solicitations Health & Welfare Fee Litigation Defined-Benefit Plan Litigation – Actuarial Equivalence lawsuits...

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