Evan Miller

Evan Miller litigates employee benefits issues on behalf of corporate plan sponsors, multiemployer plan contributors, and institutional and individual fiduciaries under the Employee Retirement Income Security Act of 1974 (ERISA). He also is actively engaged in special projects relating to the restructuring of pension and retiree health liabilities.

Evan's recent litigation engagements include representation of Bechtel Corporation, C&S Wholesale Grocers, Electrolux North America, General Electric, and the New York Times in withdrawal liability arbitrations; Blue Cross Blue Shield of Massachusetts, Edison Home Health, Koch Industries, Georgia Pacific, Macy's, and Nationwide Life in lawsuits alleging breach of fiduciary duty; and Peabody Energy in an ERISA section 510 class action. He also recently represented employer trustees of the New York State Nurses Retirement System in a trustee deadlock arbitration.

His special projects include representation of General Motors, Verizon Communications, and several other defined benefit plan sponsors in jumbo pension de-risking transactions. These transactions have collectively involved the transfer of more than $35 billion in pension liabilities. Evan also advised the City of Detroit in restructuring its pension and retiree health obligations in connection with the City's chapter 9 bankruptcy.

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Experience

Withdrawing employer successfully challenges "Segal Blend"Jones Day won a complete victory for our client ConvergeOne Dedicated Services, LLC in an ERISA withdrawal liability dispute in the Southern District of New York.

GE wins arbitration vacating $228 million in withdrawal liability based on ERISA's building and construction exemptionIn an important case involving the application of the building and construction industry exemption to pension withdrawal liability, Jones Day secured a victory for General Electric Company in two related arbitrations involving $228 million in liability sought by the Boilermakers Blacksmith National Pension Fund.

Wells Fargo obtains summary judgement in class action ERISA lawsuitIn an important win for the securitization and corporate trust services industry, Jones Day obtained summary judgement for Wells Fargo Bank, National Association in a putative class action alleging breaches of fiduciary duty under ERISA.

Blue Cross Blue Shield of Massachusetts prevails in First Circuit on ERISA claims brought by Massachusetts Laborers’ Health & Welfare FundIn an important win for the third-party administrator (TPA) industry, Jones Day persuaded the U.S. Court of Appeals for the First Circuit to affirm the dismissal of ERISA claims brought by the Massachusetts Laborers’ Health & Welfare Fund against Blue Cross Blue Shield of Massachusetts (BCBSMA).

Mining company overturns withdrawal liability award in D.C. CircuitThe D.C. Circuit reversed a judgment against Energy West Mining Company, agreeing with Jones Day's position that the $115 million withdrawal liability assessment had been calculated using a legally impermissible discount rate.

C&S Wholesale Grocers defeats pension liability claims on appealIn an important new precedent on withdrawal liability under ERISA, the Second Circuit unanimously affirmed in full a judgment in favor of Jones Day's client, C&S Wholesale Grocers, Inc.

Employers prevail in first appellate challenge to "Segal Blend"In the first appellate decision to confront the legality of the "Segal Blend" actuarial methodology for calculating withdrawal liability, the U.S. Court of Appeals for the Sixth Circuit adopted the position that Jones Day urged on behalf of a coalition of employers as amici curiae, and held that the Blend is contrary to law.

Preferred Home Care of New York and Edison Home Health obtain victory in Second Circuit on ground of lack of constitutional standingJones Day was co-counsel to Preferred Home Care of New York and Edison Home Health of New York in obtaining a summary affirmance by the Second Circuit dismissing breach of fiduciary duty claims under ERISA.

Employer preserves withdrawal liability victory as Supreme Court declines reviewOn October 5, 2020, the Supreme Court denied a petition for certiorari filed by the National Retirement Fund, which had sought review of Jones Day's victory in the Second Circuit on behalf of Metz Culinary Management, Inc.

C&S Wholesale Grocers obtains summary judgment win in withdrawal liability caseIn a case of first impression in the courts within the Second Circuit, Jones Day represented C&S Wholesale Grocers, Inc. in obtaining summary judgment against a $64 million withdrawal liability claim brought against it by the NY State Teamsters Pension Fund.

Parsons Corporation completes $500 million IPO on NYSEJones Day represented Newport Trust Company, as trustee and independent fiduciary of the Parsons Employee Stock Ownership Plan, in connection with the $500 million initial public offering of Common Stock on the NYSE by Parsons Corporation.

Healthcare administration company obtains closure of U.S. Department of Labor criminal inquiryJones Day obtained a declination to prosecute by the U.S. Department of Labor – Criminal Division in an ERISA investigation against a healthcare administration company.

New York Times scores victory in challenge to use of "Segal Blend" in withdrawal liability assessmentIn an important case of first impression in the federal courts, Jones Day won a challenge on behalf of The New York Times Company to an actuarial method widely used by multi-employer pension funds to artificially increase the amount of liability incurred by employers that withdraw from such plans.

Peabody Energy successfully litigates and settles $644 million withdrawal liability assessment by UMWA 1974 Pension PlanJones Day successfully defended Peabody Energy Corporation against a $644 million withdrawal liability claim by the UMWA 1974 Pension Plan, which alleged that Peabody's spinoff of Patriot Coal Company was done to evade or avoid withdrawal liability.

Chemtura purchases $350 to $375 million group annuity contract from VoyaJones Day advised Chemtura Corporation in its transfer of approximately $350 to $375 million of pension plan liabilities to Voya Retirement Insurance and Annuity Company ("Voya"), covering approximately 5,000 U.S. retirees (who are receiving monthly payments from the Chemtura Corporation Retirement Plan as of September 1, 2015 and whose pension benefits were less than $2,000 per month) or their designated beneficiaries.

Lincoln Electric Company purchases $425 million group annuity contract from Principal Financial GroupJones Day advised The Lincoln Electric Company in its transfer of about $425 million of pension plan liabilities to The Principal Financial Group, covering nearly 1,900 retirees previously receiving pension benefits from Lincoln Electric's U.S. retirement plan.

The Washington Post successfully negotiates collective bargaining agreementJones Day represented The Washington Post in successful collective bargaining negotiations with the Washington Baltimore Newspaper Guild, securing the union's agreement to freeze the defined benefit pension plan, ending all future accruals for Guild-covered employees, and to freeze of all retiree medical plans.

Motorola Solutions de-risks pension plan by $4.3 billionJones Day advised Motorola Solutions, Inc. in major pension de-risking actions that reduced Motorola's pension plan liabilities by $4.3 billion, halving its liabilities.

City of Detroit's chapter 9 plan of adjustment confirmedJones Day served as lead restructuring counsel to the City of Detroit in connection with its chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts.

Coal companies obtain dismissal on the merits of complaint challenging corporate spin-off under ERISAOn September 27, 2013, the District Court for the Southern District of West Virginia granted a motion to dismiss filed by Jones Day clients Peabody Holding Company, LLC, and Peabody Energy Corporation, rejecting on the merits a complaint alleging that the coal companies had violated the Employee Retirement Income Security Act ("ERISA") by spinning off corporate subsidiaries that were allegedly not financially viable.

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November 2016 Commentary

"Play or Pay" Employer Mandate Delayed Until 2015; No Change to Effective Date for Most Other Affordable Care Act Requirements

May 2013 Commentary

US Airways v. McCutchen: When Silence Is Not Golden

March 2013 Alert

Deciding Whether to Play or Pay Under the Affordable Care Act

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The Future of the Affordable Care Act

Employee Benefits and Executive Compensation Trends

Nine Lessons From Detroit's Chapter 9 Case

Fifth Third Bancorp v. Dudenhoeffer: Supreme Court Rejects "Presumption of Prudence" for Stock Drop Cases

Deciding Whether to Play or Pay Under the Affordable Care Act - 2014 Updates

New ACA Information Reporting Starts for Employers in 2015

The Supreme Court's DOMA Decision: Impact of the Changing Definition of "Spouse" on Employee Benefits

"Play or Pay" Employer Mandate Delayed Until 2015; No Change to Effective Date for Most Other Affordable Care Act Requirements

US Airways v. McCutchen: When Silence Is Not Golden

Deciding Whether to Play or Pay Under the Affordable Care Act

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Evan Miller

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