Life, Health, Disability, & ERISA Litigation

• Defended clients in complex ERISA disputes involving life, health, disability, and pension claims in the individual and class action contexts.
• Represented insurers and financial services companies in all manner of ERISA fiduciary litigation disputes.
• Prosecuted insurance fraud claims against medical providers, hospitals, and various types of out-patient medical facilities on behalf of health insurance clients.
• Represented clients in stop-loss coverage disputes involving health-insurance carriers, self-funded employee benefit plans, and third-party plan administrators.

Employment Litigation & Consulting

• Prosecuted actions on behalf of clients for breach of confidentiality, non-solicitation, non-compete, and non-pirating provisions.
• Defended and prosecuted actions involving misappropriation of trade secrets, conspiracy, tortious interference with contract, tortious interference with prospective economic advantage, and other business-related torts.
• Defended and prosecuted actions asserting claims under Title VII of the Civil Rights Act of 1964, Age Discrimination in Employment Act (ADEA), and Americans with Disability Act (ADA).

Financial Services Litigation

• Defended broker-dealers and registered representatives in lawsuits and arbitrations asserting suitability claims, and claims for negligent misrepresentation, breach of fiduciary duties, negligent hiring, negligent supervision, violations of state and federal securities laws, fraud, securities fraud, and RICO.
• Defended broker-dealers and registered representatives in lawsuits and arbitrations concerning the sale of registered and unregistered securities, including securitized tenant-in-common interests, hedge funds, limited liability interests, variable annuities, and mutual funds.

Regulatory

• Provided advisory services to clients to ensure compliance with state laws governing the underwriting and sale of group life, health, and disability insurance products for employers and associations.
• Consulted with clients interested in establishing and operating Preferred Provider Arrangements and Health Maintenance Organizations in Illinois and other states.
• Worked to ensure clients’ compliance with federal and state laws related to the Patient Protection and Affordable Care Act, and the establishment and operation of discounted health care services plans and wellness benefit programs.

Joe is the author of several articles and presentations concerning ERISA and developments in the law of life, health, and disability insurance.

• Co-editor and a chapter author, Misrepresentation in the Life, Health, and Disability Insurance Application Process: A National Survey (Joseph M. Hamilton and Joseph R. Jeffery eds., 2022).
• Co-author, Recent Developments in Health Insurance, Life Insurance and Disability Insurance Law, Tort Trial & Ins. Prac. L.J. (2013-Present).
• Co-presenter, Accidental Death Claims & Opioids, Eastern Claims Conference (March 23, 2021).
• Moderator, Accidental Death – Legalized Marijuana, the Opioid Epidemic, and Coverage Exclusions, American Bar Association Tort Trial & Insurance Practice Section’s 46th Annual Symposium on Insurance and Employee Benefits, January 16-18, 2020, Austin, Texas.
• Co-author, New Appleman on Insurance Law Library Edition, Chp. 93A Long-Term Care Insurance (2017).
• Co-presenter, The ERISA Preemption Clause and Gobeille, American Conference Institute, 13th National Forum on ERISA Litigation, Oct. 27, 2016.
• Author, Interpreting the Sounds of Congress’ Silence: Is A Fiduciary Entitled to Contribution or Indemnity from ERISA Co-Fiduciaries?, For the Defense, December 2015, 39-44.
• Co-author, The Fiduciary Exception to the Attorney-Client Privilege in ERISA Litigation, The Voice, Vol. 24, Issue 4 (April 28, 2015).
• Presentation, ERISA Litigation: Fundamentals for Business Lawyers, Chicago Bar Association, Business Law Committee, September 6, 2012.
• Co-presenter, Dr. StrangeRule, Or How I Learned To Stop Worrying And Love E-Discovery, Eastern Claims Conference (Feb. 2010).
• Co-author, Steering Around Defamation Liability When Completing A U-5, Prac. Compliance & Risk for the Securities Industry, July-Aug. 2010, at 15-19.
• Co-author, In ERISA Cases, Who Gets the Last Word on the Evidence in the Administrative Record?, DRI Today, Jan. 22, 2009.