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Overview
ANDREW IS A SEASONED TRIAL ATTORNEY AND A NATIONALLY RECOGNIZED LEADER IN ERISA LITIGATION. HE REPRESENTS CLIENTS IN COMPLEX ERISA, HEALTHCARE, TAX, AND ANTITRUST LITIGATION.
Andrew serves as chair of Dorsey's nationally recognized ERISA Litigation Practice Group. He has 20 years' experience representing fiduciaries, plan sponsors, and insurers/plan service providers in ERISA litigation matters. For the last four years, he has been ranked by Chambers as one of the top ERISA litigators in the nation.
Andrew has represented clients in nearly every conceivable ERISA dispute. He has represented clients in numerous cases challenging the administration of 401(k), 403(b), target date plans, and defined benefit plans. Andrew has represented fiduciaries of some of the largest private ESOP’s in the country. He has represented clients in class-wide benefit disputes, challenges to pension plan investment strategies, disputes involving pension age discrimination rules, and actuarial equivalence matters. Likewise, he has represented group health plans and their third-party administrators against various ERISA fiduciary, prohibited transaction, and RICO claims, including cases involving challenges to “spread” pricing, challenges to health plan fees, mental health parity disputes, and disputes over the calculation of out-of-network benefits. He has successfully litigated dozens of individual claims for executive compensation, disability, health, severance, and pension benefits.
More generally, Andrew represents clients in health care/managed care disputes. He has represented medical providers and managed care entities in contract and fraud actions, bankruptcy matters, False Claims Act and Anti-Kickback Act disputes, challenges under the No Surprises Act, and antitrust lawsuits and disputes.
Andrew also represents clients in complex tax litigation in federal and state courts, administrative proceedings, and IRS audits. He has litigated multimillion dollar corporate and personal tax cases against the Internal Revenue Service as well as state and local tax authorities.
An experienced litigator, Andrew has handled numerous jury and court trials, arbitrations, regulatory matters, and other evidentiary hearings. Most recently, he concluded a two-week trial against the Internal Revenue Service over a $100+ million theft loss deduction stemming from the Tom Petters Ponzi scheme.
Andrew is a co-chair of the Preemption Committee on the ABA Subcommittee on Employee Benefits and is a contributing author of various texts, including the ERISA Litigation treatise and the ABA Employee Benefits Law Treatise. He frequently lectures and speaks on ERISA litigation issues.
Education & Admissions
University of Minnesota Law School (J.D., 2000), magna cum laude; Order of the Coif; Minnesota Law Review, 1998-2000; Minnesota Intellectual Property Review, Senior Editor 1999-2000
St. John's University (Minnesota) (B.A., Psychology, 1994), All College Honors; Departmental Distinction in Psychology
Admissions
- Minnesota
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Ninth Circuit
- Central District of California
- Eastern District of Michigan
- Eastern and Western Districts of Wisconsin
- U.S. District Courts for the Districts of Minnesota, North Dakota, and Northern District of Florida
- U.S. Tax Court
- U.S. Supreme Court
Clerkships
- U.S. Court of Appeals for the Eighth Circuit, Chief Judge Donald Lay, 2000-2001
Experience
Representative Litigation
- Representing fiduciaries in a dispute over the administration of the Hormel Food’s 401(k) plan’s investments, including its guaranteed investment contract. Scott Payne v. Hormel Foods Corp., et al, 24-cv-545-SRN-DTS (D. Minn.)
- Representing Medica Health Plans in lawsuit alleging ERISA and RICO claims based upon calculation of out-of-network reimbursement rates. S.M.O. v. Mayo Clinic and MMSI d/b/a Medica Health Plan Solutions, 24-cv-01124 JMB-JFD (D. Minn.)
- Representing medical provider in bankruptcy adversary proceeding in contractual dispute with former distributer. In re Athena Medical Group, 2:23-bk-01635-BKM (D. Ariz).
- Represented two healthcare providers in putative class actions challenging 401(k)/403(b) plan investments and fees. Keller, et al. v. North Memorial Health Care, et al., Case No. 0:22-cv-1794-JWB-JFD (D. Minn.).Schave v. CentraCare Health System et. al., 0:22-cv-01555 WMW/LIB (D. Minn).
- Recently concluded a two-week long trial in United States Tax Court involving $100 million theft-loss deduction sustained as a result of the Tom Petters’ Ponzi scheme. Frank E. Vennes Jr. and Kimberly Vennes vs. Commissioner, Dkt. No. 23-860-17 (U.S. Tax Court).
- Represented third party administrator to tribal group health plan in three separate matters regarding dispute over tribal group health plan payment for dialysis services. E.g., Inland Northwest Renal Care Group v. WebTPA Employer Group LLC, et. al., NO. 2:19-cv-01758-JCCMAT (W.D.WA).
- Represented group health plans and providers in claims asserted against third party administrators and medical providers under ERISA, antitrust, and state law.
- Won summary judgment in class action challenging offsets to pension benefits. See Leighton v. Delta Air Lines, Inc., 2022 U.S. Dist. LEXIS 60211 (D. Minn. Mar. 31, 2022).
- Defended fiduciaries of a defined benefit pension plan in a putative class action seeking to recover $1.1 billion in losses that allegedly resulted from imprudent investment strategy and use of affiliated funds. Thole v. U.S. Bank, Nat'l Ass'n, 873 F.3d 617 (8th Cir. 2017). Served as co-counsel before Supreme Court, which in 5-4 decision affirmed dismissal.
- Defended ESOP fiduciaries against ERISA breach of fiduciary duty claims alleging $840 million in losses from imprudent valuation of company stock. Successfully argued for affirmance before Eighth Circuit. Vigeant v. Meek, 953 F.3d 1022 (8th Cir. 2020).
- Defended health care provider in putative class action alleging mismanagement of ERISA 401(k) and 403(b) plans. Mark Morin, et al. v. Essentia Health, et al., No. 16-cv-04397, (D. Minn 2017). Obtained voluntary dismissal from Plaintiffs.
- Represented 401(k) plan sponsor and fiduciaries in putative class action alleging that plan fiduciaries inappropriately included affiliated mutual funds as investment options in the $35 billion 401(k) plan. Achieved dismissal on Rule 12 motion in a ruling described as a “rare and arguably unprecedented victory for a financial industry that has been battered by lawsuits over the in-house mutual funds in their 401(k) plans.” Meiners v. Wells Fargo & Co., No. 16-3981, 2017 U.S. Dist. LEXIS 80606 (D. Minn. 2017). Later affirmed by Eighth Circuit.
- Defended pharmacy benefit manager in claims for benefits, prohibited transactions, and breaches of fiduciary duty based upon alleged fiduciary breaches, disloyalty, and prohibited transactions in receipt of “spread” from pharmacies. In Re UnitedHealth Group PBM Litigation, No. 16-cv-3352 (D. Minn. 2016); and In Re Cigna Corporation PBM Litigation, No.16-cv-1702, (D. Conn. 2016).
- Represented union in $50 million pension plan claim in complex pension dispute involving anti-cutback rules. Represented third-party group health administrator and 250+ health plans against claims brought by medical providers seeking $70 million for weight reduction services. Almont Ambulatory Care Center v. UnitedHealth Group, Inc., 99 F. Supp.3d 1110 (C.D. Cal. 2015); 2016 WL 2851298 (C.D. Cal. May 13, 2016). Also representing UnitedHealth Group in counterclaim to recover overpayment made due to fraud and waiver of copays. 121 F. Supp.3d 950 (C.D. Cal. 2015); 2015 U.S. Dist. LEXIS 183363, 183364, 183365 (C.D. Cal. Oct. 23, 2015).
- Defended against class action alleging groundbreaking violations of the Mental Health Parity and Addiction Equity Act and Affordable Care Act. New York State Psychiatric Ass’n v. UnitedHealth, 980 F. Supp. 2d 527 (S.D.N.Y. 2013), rev’d in part and aff’d in part, 798 F.3d 125 (2nd Cir.), cert denied, 136 S. Ct 317 (2015).
- Representing $3 billion hospital system in $15 million tax dispute regarding tax overcharges by state agencies.
- Representing client in United States Tax Court matter involving proper characterization of payments made under a divorce decree. Andrew Redleaf et. al. v. Commissioner of Internal Revenue, No. 10526-16 (U.S. Tax Court).
- Represented employers, directors, and officers in various other ERISA pension class action breach of fiduciary lawsuits. E.g., Gipson v. Wells Fargo Company, 563 F. Supp. 2d 149 (D.D.C. 2008); Hastings v. Gary Wilson, 516 F.3d 1055 (8th Cir. 2008); Northwest Airlines, Inc. v. Filipas et al., 2008 WL 1773756 (D. Minn. April 15, 2008); In re ADC Telecommunications ERISA Litigation, 2005 WL 2250782 (D. Minn. Sept. 15, 2005); Mitchell-White v. Northwest Airlines and Delta Air Lines, 2011 WL 671630 (S.D.N.Y. Feb. 24, 2011).
- Represented administrators of group health plans in various ERISA putative class actions seeking plan benefits, alleging fiduciary breaches, and claiming violations of state and federal insurance law mandates. E.g., New York State Psychiatric Association v. UnitedHealth Group, 2013 WL 5878897 (S.D.N.Y. October 31, 2013) rev’d in part and aff’d in part, 798 F.3d 125 (2nd Cir.), cert denied, 136 S. Ct 317 (2015); Larson v. United HealthCare Ins. Co., 723 F.3d 905 (7th Cir. 2013).
- Represented Northwest Airlines at trial against $200+ million environmental claims stemming from airplane noise at Minneapolis-St. Paul Airport. See City of Minneapolis, et. al. v. Metropolitan Airports Commission, et. al., Civ. No. 05-5474 (Henn. Cty. Dist. Ct. 2005).
- Represented various clients in various executive compensation lawsuits. E.g., Dr. James Loften v. Michael Ray, et al., Civ. No. 09-2152 (U.S.D.C., Minn. 2010) (filed 8/19/09); Duncanson v. Northwire, Inc., Civ. No. 10-CV-2300 (U.S.D.C. Minn.) (filed June 9, 2010); Hutchinson v. Dakota Clinic, Civ. No. 3:07-cv-00009 (D.N.D. 2007).
- Represented employers in dozens of claims for ERISA benefits under benefit plans including, e.g., Halberg v. United Behavioral Health, 408 F. Supp. 3d 118 (E.D.N.Y. 2019); Johnson v. U.S. Bancorp, 424 F.3d 734 (8th Cir. 2004); Anderson v. U.S. Bancorp, 484 F.3d 1027 (8th Cir. 2007); Hutchinson v. Dakota Clinic, Civ. No. 3:07-cv-00009 (D.N.D. 2007); Kauppinen v. Aid Association for Lutheran Agents' Income Protection Plan et. al., Civ. No. 06-3111 (D. Minn. 2006); Clark v. General Mills Retirement Plan, Civ. No. 06-3111 (D. Minn. 2006); Jenkins v. UHG, Civ. No. 3:06-7070 (W.D. Ohio 2006); Yager v. UHG, Civ. No. 3:06-704 (W.D. Ohio 2006); Dylla v. Aetna Life Ins. Co., Civ. No. 07-3203 (D. Minn. 2007); Mercek v. Northwest Airlines, et. al., 07-60990 (S.D. Fla. 2007); Ann B. Young v. Thrivent Financial, Civ. No. 07-2312 (D. Minn. 2007).
- Represented various battered spouses in order-for-protection hearings, achieving successful results following evidentiary hearings.
News & Resources
Articles
June 05, 2024
June 07, 2021
December 11, 2020
April 29, 2020
"Into the Void: Potential Consequences of the DOL's Proposed Prohibited Transaction Exemptions," Benefit’s Law Journal
March 2016
June 27, 2014
June 28, 2012
“Amara and its Wake: Early Returns on the Scope of ERISA’s Equitable Remedies After CIGNA Corp. v. Amara,” Benefits Law Journal (Spring 2012)
2012
Chapter, “Executive Compensation Litigation,” ERISA Litigation (2012 Cumulative Supplement).
2012
March 9, 2011
February 4, 2011
Contributing Author, ABA Section of Labor and Employment Law, Employee Benefits Committee, Employee Benefits Law, 2nd Ed. (Jane Kheel Stanley Ed. in Chief, American Bar Association) Supplement
2008
"Understanding and Avoiding 401(k) Employer Stock Claims," MN-Midwest Pension Conference
September 2006
"Discovery in ERISA Claims For Benefits," Hot Issues in Health, Life & Disability Claims
March 2005
News & Press Mentions
April 12, 2023
April 1, 2022
March 2, 2022
October 13, 2020
January 24, 2018
Events & Speaking Engagements
April 9, 2024
December 12, 2023
April 26, 2022
September 24, 2020
November 12, 2019
May 10, 2016
Select Presentations
- Speaker, Debriefing: The Supreme Court Arguments on Health Care Reform, Dorsey U, July 2012
- Speaker, ERISA for Investment Professionals, Dorsey U, May 22, 2012
- Speaker, Antitrust Enforcement in the Health Care Industry: Current FTC and DOJ Activities, Practicing Law Institute, Wednesday, June 13, 2012
- Speaker, Recent Trends in FTC/DOJ Enforcement in Heath Care Antitrust Issues, Minnesota State Bar Association, Healthcare section, December, 2011
- Speaker, Compensation & Benefits Boot Camp for Labor & Employment Practitioners, American Conference Institute, Philadelphia, PA, January 24-25, 2011
- Speaker, Benefits and ERISA Litigation: 2010 in Review and What’s Ahead in 2011, Dorsey U, January 12, 2011
Industries & Practices
Antitrust & Competition Law
Explore This Practice View client achievements related to this practice View resources related to this practiceBanking & Financial Institutions
Explore This Practice View client achievements related to this practice View resources related to this practiceHealthcare & Life Sciences
Explore This Practice View client achievements related to this practice View resources related to this practiceSecurities & Financial Services Litigation & Enforcement
Explore This Practice View client achievements related to this practice View resources related to this practiceTax Controversy & Litigation
Explore This Practice View client achievements related to this practice View resources related to this practice- Antitrust & Competition Law
- Appellate
- Banking & Financial Institutions
- Benefits & Compensation
- Class Action Litigation
- Commercial Litigation
- Creative Industries
- Environmental
- ERISA Litigation
- Healthcare & Life Sciences
- Healthcare Litigation
- Insurance Law
- Securities & Financial Services Litigation & Enforcement
- Tax Controversy & Litigation
Professional & Civic
Professional Achievements
- Co-Chairperson, ABA Section of Labor and Employment, Committee on Employee Benefits, Subcommittee on Specialized Retirement Income Plans (2012-13)
- Member, ABA Section of Labor and Employment, Committee on Employee Benefits, Subcommittee on Fiduciary Responsibility (2007-2011)
- Member, Minnesota State Bar Association, Antitrust and Healthcare Sections
- Member, ESOP Association
- Member, American Health Law Association
