Evan Miller provides employee benefits counsel and represents companies in complex ERISA litigation cases. He co-chairs the Firm's Employee Benefits & Executive Compensation Practice.
As a litigator, Evan has defended companies and individuals in stock drop cases, fiduciary duty class actions against plan service providers, and cash balance and accrued benefit cutback litigation. He also has been involved in retiree health cutback cases and has helped pioneer the use of retiree health VEBAs to shift legacy costs. He also is experienced in defending contributors to Taft-Hartley plans in withdrawal liability disputes. Representative clients for which he has recently handled ERISA litigation include CBS, Continental Tire Co., General Motors, Home Box Office, the League of Voluntary Hospitals and Homes of New York, Macy's, The New York Times, Peabody Coal, and Xerox Corporation.
As a counselor, Evan advises plan sponsors and administrators on ERISA's reporting and disclosure requirements; health plan service providers on COBRA, HIPAA, ERISA fiduciary duty, and prohibited transaction rules; and multiemployer plan and plan termination issues.
More recently, Evan has been advising the City of Detroit on pension and retiree health issues in connection with the City's Chapter 9 bankruptcy filing, and has played one of the lead roles in negotiating and litigating the restructuring of those obligations. He also has advised General Motors, Verizon Communications, and, in the summer of 2014, Motorola Solutions, in connection with their pension de-risking transactions with Prudential Life. These transactions collectively involved a permanent transfer of nearly $35 billion in defined benefit pension plan liabilities.
City of Detroit's chapter 9 plan of adjustment confirmed
Coal companies obtain dismissal on the merits of complaint challenging corporate spin-off under ERISA
Motorola Solutions de-risks pension plan by $4.3 billion
Honors & Distinctions
Chambers USA (2009): ranked as a leading individual in employee benefits, executive compensation, and ERISA litigation both in D.C. and nationally Recognized by The National Law Journal as one of the nation's 40 best ERISA attorneys Legal 500 US (2008-2009) PLC Which lawyer? (2009) D.C. Super Lawyers (2008-2009)