- Litigation Management
- Labor & Employment
- Benefits & Compensation
- Complex Litigation
|University ||Hobart College, B.A., 2003|
|Law School||Suffolk University Law School, J.D., cum laude, 2008|
|Admitted||Rhode Island; Massachusetts; U.S. Court of Appeals; U.S. District Court; U.S. Court of Appeals; U.S. District Court; U.S. Court of Appeals|
Rhode Island Bar Association
Massachusetts Bar Association
American Bar Association - Labor & Employment Law Section
|Born||Providence, Rhode Island, July 29, 1980|
Jonathan Shank is an associate in the Litigation Management Group where he represents employers in all areas of employment and employee benefits law. He counsels and defends several national corporate clients on a variety of issues under the Employee Retirement Income Security Act (ERISA). Jonathan's ERISA litigation experience includes defending against claims to recover plan benefits, breach of fiduciary duty, estoppel, interference, and other ERISA matters. He also assists clients with ERISA compliance issues, including fiduciary counseling, benefit plan design, and administration modification. Jonathan's employment litigation practice involves defending employers in a wide range of employment law matters, including claims of discrimination, harassment, retaliation, wrongful discharge, as well as non-competition, breach of contract, defamation and employee stock disputes before FINRA and in federal and state courts throughout the country.
•Secured dismissal of Title VII, ADEA, wrongful termination, and intentional infliction of emotional distress claims in an action against a major financial institution and the managing executive of company's wealth management division.
•Obtained summary judgment on former employee's claims of retaliation and interference under the FMLA.
•Co-authored the winning brief before the Seventh Circuit Court of Appeals which affirmed a grant of summary judgment to an employee welfare benefit plan in a participant's action for benefits under ERISA.
•Helped obtain a victory on behalf of an employee welfare benefit plan and insurance company when the Fourth Circuit Court of Appeals rejected the former employee's wrongful denial of benefits and breach of fiduciary duty claims, including her claim to equitable relief under CIGNA Corp. v. Amara, 131 S. Ct. 1866 (2011).
•Part of the successful team representing a client in the U.S. District Court for the Western District of Michigan in a multiple-plaintiff action for severance benefits under ERISA following a corporation's change in control.
•Helped secure dismissal of claims for wrongful denial of benefits, intentional interference and failure to provide plan documents under ERISA, as well as a common law breach of contract claim in a suit involving an employer's severance plan.
•Successfully defended against claims of intentional interference with advantageous business relations and intentional infliction of emotional distress in Massachusetts state court.
•Obtained summary judgment on behalf of a client in an action pending in Alabama state court that involved claims of retaliatory discharge, reckless conduct and intentional infliction of emotional distress.
•Secured the dismissal of a claim of public accommodation discrimination pending against a client in South Carolina state court.
Before Edwards Wildman
Before joining the firm, Jonathan completed a judicial clerkship with the Honorable Francis X. Flaherty, Associate Justice of the Rhode Island Supreme Court. While in law school, Jonathan served as Note Editor of the Suffolk University Law Review and competed on the Constitutional Law Moot Court Team. He won the Suffolk Law Jurisprudence Award in Labor Law and interned for the Honorable Mary M. Lisi, Chief Judge of the United States District Court for the District of Rhode Island. Prior to attending law school, Jonathan worked as a public policy analyst for an international trade association in Boston.
Besides Edwards Wildman
Jonathan is a proud mentor through Rhode Islanders Sponsoring Education (RISE) and volunteers at the Reservoir Avenue Elementary School in Providence through the Power Lunch Program. He enjoys skiing, tennis, and golf, and is an avid fan of all of the New England professional sports teams.
Documents by this lawyer on Martindale.com
United States Supreme Court Rejects Presumption of Prudence for Stock-Drop Cases
Lori A. Basilico,Jonathan R. Shank, July 1, 2014
In a highly anticipated decision, the United States Supreme Court held that fiduciaries of employee stock ownership plans (“ESOPs”) are not entitled to any special presumption of prudence when investing in employer stock. In Fifth Third Bancorp v. Dudenhoffer, the Supreme Court rejected...
Supreme Court Upholds ERISA Plan's Limitations Period
Jonathan R. Shank,Gina D. Wodarski, December 20, 2013
On December 16, 2013, the United States Supreme Court upheld a limitations period in a long-term disability plan governed by the Employee Retirement Income Security Act of 1974 (“ERISA”). In Heimeshoff v. Hartford Life & Accident Insurance Co., the Court resolved a split among the...
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