Steuart Thomsen, a member of Sutherland's Litigation Practice Group and the Washington Office Leader of Sutherland's Litigation Group, concentrates his practice in complex business litigation and has represented clients, including many in the financial services industry, in a wide variety of matters in federal and state courts. Steuart has represented and counseled clients in connection with insurance litigation, Employee Retirement Income Security Act (ERISA) litigation, class actions, tax litigation, intellectual property litigation (including at the International Trade Commission), false advertising claims, contract and other commercial disputes, securities fraud cases and Administrative Procedure Act challenges. He also advises clients in the pre-litigation phase of disputes in an effort to avoid or prepare for potential litigation. Prior to joining the firm, Steuart served as a law clerk to the Honorable Joseph H. Young of the U.S. District Court for the District of Maryland. Representative Experience Steuart's extensive representative experience includes: · Representing a life insurance company in a putative class action asserting state law claims challenging the use of retained asset accounts in connection with payment of life insurance benefits. Summary judgment was granted for the insurer. Clark v. Metropolitan Life Insurance Co., 2010 WL 3636194 (D. Nev.), appeal pending. · Representing a life insurance company in a putative class action challenging the use of retained asset accounts in which both state law claims and ERISA claims have been asserted. · Representing clients in connection with securities lending programs. · Representing a major issuer of IRC 403(b) annuity products in a national class action seeking to challenge, under ERISA, certain alleged revenue-sharing arrangements between the issuer and, among others, a large public school teachers union to whose members the products are allegedly directed. The district court granted our motion to dismiss for lack of subject matter jurisdiction on the grounds that ERISA does not apply to the 403(b) annuities, and the Ninth Circuit affirmed. Daniels-Hall v. National Education Association, 629 F. 3d 992 (9th Cir. 2010). · Representing a major property insurer in class actions and other litigation arising out of property damage from Hurricane Katrina and other hurricanes. · Representing a major title insurer in antitrust litigation asserting price-fixing with respect to premiums. · Representing an importer of bearings in a gray market trademark infringement case before the International Trade Commission. After a three-and-a-half-week trial before an Administrative Law Judge and further trial proceedings on remand, the ITC ruled in favor of our client, and the Federal Circuit affirmed. This is believed to be the first gray market trademark infringement case at the ITC in which respondents prevailed. In The Matter of Certain Bearings and Packaging Thereof, Inv. No. 337-TA-469, 2003 WL 21056379 and 2003 WL 23314765 (Administrative Law Judge), 2004 WL 1598763 (ITC), affirmed, SKF USA, Inc. v. International Trade Commission, 423 F.3d 1307 (Fed. Cir. 2005), cert. denied, 548 U.S. 904 (2006). · Defending the trustees of a multi-employer pension fund in a class action alleging breach of fiduciary duty in connection with the creation and maintenance of the contribution and benefits structure applicable to the named plaintiffs and putative class. In a case of first impression in the D.C. Circuit, the District Court dismissed the claims against the trustees, based on our position that they did not perform a fiduciary function while engaging in such plan design activities. The D.C. Circuit affirmed the dismissal. Hartline v. Sheet Metal Workers' National Pension Fund, et al., 134 F. Supp.2d 1 (D.D.C. 2000), aff'd, 286 F.3d 598 (D.C. Cir. 2002). · Defending a large regional broker-dealer in a securities class action alleging that materially false and misleading statements were made in the prospectus and registration statement of a subprime lender. The action was dismissed on motion. In re Credit Trust Securities Litigation, No. 1:00-2174-MJG (D. Md. Aug. 2, 2002). · Representing an annuity provider in a putative class action alleging various ERISA violations in connection with an IRA plan funded by a group annuity contract. Summary judgment for the defendants was affirmed by the Ninth Circuit. Cline v. Industrial Maintenance Engineering & Contracting Co., 200 F.3d 1223 (9th Cir. 2000). · Representing a life insurance company whose group annuity contract was a funding vehicle for the NHL pension plan in a putative class action disputing the use of surplus plan funds. We won dismissal on jurisdictional grounds on appeal. Dailey v. National Hockey League, 780 F. Supp. 262 (D.N.J. 1991), rev'd, 987 F.2d 172 (3d Cir. 1993), cert. den., 114 S. Ct. 67 (1993). · Representing an appraisal company in a complex multi-party profit-sharing plan dispute. A plaintiff class was certified, and a class action trial lasted several months. All claims against our client were favorably resolved on summary judgment or at the close of plaintiffs' case at trial, and the court of appeals affirmed. The case primarily related to the valuation of employer stock held by the profit-sharing plan and was one of the first reported ERISA decisions dealing with stock valuation. Foltz v. U.S. News & World Report, Inc., 627 F. Supp. 1143 (D.D.C. 1986), 663 F. Supp. 1494 (D.D.C. 1987), aff'd, 865 F.2d 364 (D.C. Cir. 1989), cert. denied, 490 U.S. 1108 (1989). Professional and Community Involvement · Selected as a Washington, DC Local Litigation Star by Benchmark Litigation (2011) Professional and Community Involvement · Former Chair, Employee Benefits Law Committee, Tort Trial and Insurance Practice Section, American Bar Association · Member, Litigation Section, American Bar Association · Member, Legal Ethics Committee, District of Columbia Bar · Former Chair, Committee on Admissions and Grievances, U.S. Court of Appeals for the District of Columbia Circuit · Member, International Trade Commission Trial Lawyers Association · Member, Board of Directors, Council for Court Excellence · Fellow, Litigation Counsel of America Publications and Speaking Engagements · Speaker, Webinar: "Navigating Through Uncertainty: Life Insurance Regulation and Unclaimed Property Audits," (November 15, 2011) · Speaker on Life Insurance and Annuity Litigation Developments, National Organization of Life & Health Guaranty Associations 19th Annual Legal Seminar (July 21-22, 2011) · Speaker on Recent Developments and Trends in Significant Life Insurance and Annuity Litigation, 2011 Insured Retirement Institute's Government, Legal & Regulatory Conference (June 26-28, 2011) · Speaker on Retained Asset Account Litigation, 2011 Association of Life Insurance Counsel Annual Meeting (May 14-17 2011)Speaker on Retained Asset Account Litigation Developments, Life Insurance Council of New York Annual Meeting (December 9, 2010) · Speaker on ethics panel, Health and Welfare Benefit Plans: Responding to Change (October 15-16, 2007 and October 27-28, 2008, October 19-20, 2009, October 25-26, 2010); co-author of program paper, "Attorney-Client Privilege in the ERISA Context: The 'Fiduciary Exception'" · Co-author, "Private Plaintiffs Seek to Require Life Insurers to Undertake Death Matches," ABA TIPS Committee News (Winter 2012) · Co-author, "Retained Asset Account Litigation Developments," Life Insurance Law Committee News, American Bar Association, Torts Trial & Insurance Practice Section (Summer 2010) · Co-author, "Class Certification in Haddock - An Outlier?" Law 360 (December 18, 2009) · Speaker on financial services litigation panel, The Association of Life Insurance Counsel 2009 Annual Meeting (May 4-5, 2009); co-author of program paper, "Significant Trends in Financial Services Litigation" · Co-author, "Fourth Circuit Decides False Claims Act Limitations Issue," The Judicial View (January 2009) · Speaker on revenue sharing panel, The Association of Life Insurance Counsel 2007 Annual Meeting (May 7-8, 2007); co-author of program paper, "Current Developments in Financial Service Provider Revenue Sharing Class Action Litigation" · Co-author, "Recent Developments in ERISA Preemption," The Brief, American Bar Association (Fall 2002) · Author, "Proving Economic Substance of Financial Transactions" Derivatives Report, Vol. 2, No. 6 (February 2001) · Author, "ERISA Class Actions," The Brief (Summer 1999) Industries Financial Services Legal Alerts Legal Alert: Act Clarifying Jurisdiction and Venue in Federal Court Now in Effect
January 31, 2012 Legal Alert: U.S. Court of Appeals Holds New Jersey's Retroactive Escheatment of Gift Card Abandoned Funds Unconstitutional and its Priority Rules Preempted by Federal Law
January 18, 2012 Legal Alert: Supreme Court Rings in New Year with Another Ruling in Favor of Arbitration
January 12, 2012 Legal Alert: Illustration Disclosures Lead to Dismissal of Universal Life Insurance Class Action
November 29, 2011 Legal Alert: Supreme Court to Hear Appeal on Constitutionality of Health Reform Law
November 16, 2011 Legal Alert: The Top 10 Ways Unclaimed Property Audits Differ From Insurance Market Conduct Exams
August 18, 2011 Legal Alert: 11th Circuit Rules PPACA Mandate is Unconstitutional - Supreme Court Review Likely
August 15, 2011 Legal Alert: Supreme Court Limits Federal Courts' Ability to Enjoin Relitigation of Class Certification in State Courts
June 24, 2011 Legal Alert: Wal-Mart Stores, Inc. v. Dukes: Supreme Court Reshapes Class Action Certification
June 20, 2011 Legal Alert: NAIC Releases Draft White Paper On Corporate Governance; At Odds With Existing Bodies of U.S. Law
June 10, 2011 Legal Alert: Unpaid Insurance Benefits Issues Continue to Intensify
May 11, 2011 Legal Alert: Tenth Circuit Rules That Title Insurers Did Not Violate Antitrust Laws Even If They Allegedly Conspired to Bribe the State Superintendent of Insurance
May 3, 2011 Legal Alert: Supreme Court Holds That the Federal Arbitration Act Preempts State Law Limitations on Arbitration Agreements
April 28, 2011 Legal Alert: Second Circuit Holds Class Action Waiver Unenforceable in American Express Arbitration Agreement Despite the Supreme Court's Recent Decision in Stolt-Nielsen
March 10, 2011 Legal Alert: The Consumer Financial Protection Bureau: Structure, Mission and Limitation of Authority Prior to the Appointment of a Director
March 8, 2011 Legal Alert: Third Circuit Holds that Arbitrator Must Decide Whether Parties Agreed to Class Arbitration
February 18, 2011 Legal Alert: Cost of Insurance Litigation - Recent Ruling on Meaning of "Mortality Experience" and Other Developments
February 7, 2011 Legal Alert: Wal-Mart v. Dukes: Supreme Court to Review Certification of "Gargantuan" Class
December 6, 2010 Legal Alert: Motion to Dismiss ERISA Retained Asset Account Claims Denied
November 22, 2010 Legal Alert: New York's Highest Court Approves STOLI Policy Sales
November 18, 2010 Legal Alert: Supreme Court Hears Argument in Significant Consumer Arbitration Case
November 10, 2010 Legal Alert: Federal Court: Egregious Facts May Permit Life Policy Rescission After Expiration of Incontestability Period
October 21, 2010 Legal Alert: Summary Judgment Granted for Defendant in Certified Deferred Annuity Class Action
October 8, 2010 Legal Alert: Supreme Court to Review Ability of Federal Courts to Enjoin Relitigation of Class Certification in State Courts
October 7, 2010 Legal Alert: Annuity Surrender Charge/MVA Disclosures Held Insufficient in California
October 6, 2010 Legal Alert: Court Rejects Suit Alleging Fraud and Negligent Design in the Sale of Universal Life Insurance Policies
September 30, 2010 Legal Alert: European Court of Justice Rejects Attorney-Client Privilege for In-House Counsel
September 17, 2010 Legal Alert: Eighth Circuit Affirms Denial of Class Certification in Fixed Annuity Interest Crediting Case
August 30, 2010 Legal Alert: The Dodd-Frank Act: A New Era of Financial Regulation and the Implications for the Insurance Industry
August 3, 2010 Legal Alert: Class Certified in Action Involving Annuity Sales to Seniors
June 30, 2010 Legal Alert: Eleventh Circuit Lifts Barriers to Federal Removal
June 10, 2010 Legal Alert: District Court Rules on Stranger-Initiated Annuity Transactions
June 4, 2010 Legal Alert: Supreme Court to Consider Whether Federal Arbitration Act Preempts State Law Limitations on Arbitration Agreements
June 1, 2010 Legal Alert: Supreme Court Applies "Functional Analysis" to Determine Joint Venture Is Not a "Single Entity" Immune from Antitrust Liability
May 28, 2010 Legal Alert: Supreme Court Holds that ERISA Does Not Impose "Prevailing Party" Requirement for Award of Attorneys' Fees
May 24, 2010 Legal Alert: Stolt-Nielsen v. AnimalFeeds: U.S. Supreme Court Holds that Class Arbitration Cannot be Imposed on Parties Whose Agreements Are Silent on the Issue
April 28, 2010 Legal Alert: Shady Grove: No Sanctuary for Federal Class Action Defendants
April 5, 2010 Legal Alert: ERISA 401(k) Plan Proprietary Fund Claims Dismissed in Part
March 23, 2010 Legal Alert: Broker's Wage and Hour Collective Action Dismissed in Favor of Enforcing Arbitration Agreement
February 10, 2010 Legal Alert: Seventh Circuit: CAFA Jurisdiction Remains After Class Certification Is Denied
January 25, 2010 Legal Alert: The Criminal Provisions of ERISA
January 4, 2010 Legal Alert: Securities and Exchange Commission Consents to Delay of Indexed Annuity Rule Effective Date
December 9, 2009 Legal Alert: Florida Supreme Court Ends Putative Class Action Alleging Numerous Florida Insurance Code Violations
December 1, 2009 Legal Alert: Haddock Update - Class Certification Granted
November 16, 2009 Legal Alert: Supreme Court Hears Argument in Case Affecting Corporate Defendants' Access to Federal Courts
November 12, 2009 Legal Alert: Ninth Circuit Overturns Denial of Class Certification in Action Involving Sale of Annuities to Senior Citizens; Orders Class Certified
August 31, 2009 Legal Alert: NAF Announces That It Will No Longer Arbitrate Consumer Disputes, and AAA Comes Tumbling After
July 27, 2009 Legal Alert: Class Certification Denied in Fixed Indexed Annuity Interest-Crediting Case
July 27, 2009 Legal Alert: Congress to Weaken Pleading Requirements?
July 24, 2009 Legal Alert: Ricci v. DeStefano: New Supreme Court Case Addresses Conflict Between Title VII's Anti-Discrimination and Disparate-Impact Provision
June 30, 2009 Legal Alert: House Legislation Proposes Up to 12 Weeks of Annual Paid Leave for U.S. Workers
April 9, 2009 Legal Alert: Summary Judgment for 401(k) Plan Sponsor in ERISA Revenue Sharing/Excess Fee Litigation
March 9, 2009 Legal Alert: Economic Stimulus Package Creates New Whistleblower Protections for Employees of Government Contractors
March 9, 2009 Legal Alert: Class Decertification Denied in Action Involving Bonus Annuity Claims
March 2, 2009 Legal Alert: Class Certification Denied in Fixed Annuity Interest-Crediting Case
February 26, 2009 Legal Alert: Seventh Circuit Affirms Judgment for Employer and Mutual Fund Complex in ERISA Revenue Sharing/Excess Fee Litigation
February 13, 2009 Legal Alert: President Obama Signs Into Law the Lilly Ledbetter Fair Pay Act
February 2, 2009 Legal Alert: Fourth Circuit Interprets False Claims Act Statute of Limitations in Ruling of First Impression
January 12, 2009 Legal Alert: Fourth Circuit Interprets False Claims Act Statute of Limitations in Ruling of First Impression Legal Alert: First Circuit Allows ERISA Retained Asset Account Claim to Proceed
November 12, 2008 Legal Alert: Eleventh and Seventh Circuits Vacate Certified Consumer Classes
October 29, 2008 Legal Alert: New Federal Rule of Evidence 502 Addresses Waiver of the Attorney-Client Privilege and Work Product Doctrine
October 10, 2008 Legal Alert: ERISA Revenue-Sharing Litigation Update: One Class Certification Denied; Two Classes Certified; Motion to Dismiss
October 3, 2008 Legal Alert: Fourth Circuit Rejects SOX Whistleblower Appeal Based on Employee's Failure to Show Protected Activity
August 11, 2008 Legal Alert: Recent Class Action Developments in the Financial Services Industry
July 10, 2008 Legal Alert: High Court Rules in Favor of Free Speech for Employers in Workplace Labor Organization Debate
July 1, 2008 Legal Alert: Pension Plan May Vary Imputed Service Based, in Part, on Age
July 1, 2008 Legal Alert: Supreme Court Addresses Conflicts of Interest in ERISA Benefit Claims - Metropolitan Life Insurance Company v. Glenn
July 1, 2008 Legal Alert: Supreme Court: Employers Must Prove "Reasonableness" in Age Discrimination Cases
July 1, 2008 Legal Alert: Genetic Information Nondiscrimination Act Signed Into Law
June 16, 2008 Legal Alert: U.S. Supreme Court Allows Retaliation Claims Under Section 1981
June 2, 2008 Legal Alert: Court Rejects Attempt to Apply ERISA to Fee and "Revenue Sharing" Claims Relating to 403(b) Annuities for Public School Employees
May 28, 2008 Legal Alert: Former Participants Have Standing to Pursue Equitable, But Not Legal Remedies With Respect to IRA Rollovers
May 5, 2008 Legal Alert: DOL Opines on Offshore Custody of Pooled Plan Assets
April 23, 2008 Legal Alert: District Court Rules that State's Prohibition of "Discretionary Clauses" Not Preempted by ERISA
March 10, 2008 Legal Alert: High Court Declines to Draw Bright Line on Admissibility of "Me Too" Evidence in Employment Discrimination Cases
March 3, 2008 Legal Alert: Supreme Court Allows ERISA Relief for Individual Plan Accounts
February 21, 2008 Legal Alert: Rulings on Class Certification, Expert Testimony and Summary Judgment in Case Involving Sales of Annuities for Qualified Retirement Plans
February 18, 2008 Legal Alert: U.S. Supreme Court Will Hear Three New Employment and ERISA Cases
January 24, 2008 Legal Alert: New "Revenue Sharing" Class Certification
December 6, 2007 Legal Alert: Haddock Update - Fifth Amended Complaint Survives Motion to Dismiss
October 3, 2007 Legal Alert: Fair Minimum Wage Act of 2007 Increases Federal Minimum Wage
July 23, 2007 Legal Alert: Supreme Court to Consider ERISA Relief Available in Individual Account Plan Cases
June 19, 2007 Legal Alert: Class Certified in Mutual Fund "Revenue Sharing" Case
June 8, 2007 Legal Alert: Second Circuit Rejects Private Right of Action Under the Investment Company Act of 1940
March 20, 2007 Legal Alert: Zubulake Court Issues Opinion on Duties of Counsel and Litigants to Preserve and Produce E-Mails
July 22, 2004 Publications Private Plaintiffs Seek to Require Life Insurers to Undertake Death Matches
Winter 2012 Reprinted with permission from American Bar Association Class Certification In Haddock - An Outlier?
December 18, 2009 Reprinted with permission Law 360, http://www.law360.com Significant Trends in Financial Services Litigation
May 2009 First 100 days and labor law
May 1, 2009 Reprinted with permission Daily Report Fourth Circuit Decides False Claims Act Limitations Issue
January 2009 Reprinted with permission The Judicial View ERISA Class Actions
Summer 1999 The Brief Events Navigating Through Uncertainty: Life Insurance Regulation and Unclaimed Property Audits
November 15, 2011 Webinar: Navigating Through Uncertainty: Life Insurance Regulation and Unclaimed Property Audits
November 15, 2011 Health and Welfare Benefit Plans: Responding to Change
October 15-16, 2007 The Association of Life Insurance Counsel 2007 Annual Meeting
May 7-8, 2007 |