Jamie Fleckner is a partner in Goodwin Procter’s Litigation Department and heads the firm’s ERISA Litigation Practice. Mr. Fleckner focuses on complex commercial litigation, primarily in the areas of ERISA and securities law. His practice has an emphasis on civil litigation, including class actions and multi-proceeding litigations in federal and state trial and appellate courts. Mr. Fleckner also focuses on regulatory investigations and governmental proceedings, and has appeared before the U.S. Department of Labor, Securities and Exchange Commission, Department of Justice, Pension Benefit Guaranty Corporation and state authorities.
WORK FOR CLIENTS
Mr. Fleckner’s work includes representation of numerous financial service providers in class actions, regulatory investigations and bankruptcy proceedings regarding the discharge of ERISA and other fiduciary duties. Currently, he is representing some of the largest financial institutions in so-called “excessive fee” ERISA and Investment Company Act litigation, and other ERISA litigation challenging the discharge of fiduciary obligations. Mr. Fleckner also represents financial institutions and their directors and officers in ERISA litigation arising from alleged “sub-prime” investments and other consequences of the recent credit crisis. He has successfully represented corporations and corporate offices in a host of ERISA, securities, and other complex litigations.
Mr. Fleckner has also successfully represented clients in litigation, arbitration and mediation involving breach of non-competition agreements, distributorship agreements, and other contract and legal claims in the high technology, biopharmaceutical and heavy manufacturing industries. He has represented a Big Four accounting firm in regulatory investigations and proceedings involving charges of professional misconduct; a major life insurance company in a series of “vanishing premium” class action and individual cases brought across the country; and a venture capital firm in bankruptcy litigation involving the insolvency of a portfolio company.
PROFESSIONAL ACTIVITIES
Mr. Fleckner is a member of the Boston and Massachusetts Bar Associations. He has been involved in numerous community and philanthropic organizations, including as a member of the Public Policy Committee of the Jewish Community Relations Council and an elected member at the Needham (Mass.) Town Meeting.
MEDIA
Mr. Fleckner frequently writes and speaks on ERISA and related litigation topics across the country. His recent articles include:
- “Seventh Circuit Creates Uncertainty About 401(k) Provider RFPs,” appearing in BNA, Inc.’s Pension & Benefits Daily, May 24, 2011.
- “A Litigation Perspective on the DOL Proposal to Expand the Fiduciary Definition,” appearing in BNA, Inc.’s Pension & Benefits Daily, February 28, 2011.
- “The Case for a Presumption of Prudence,” appearing in BNA, Inc.’s Pension & Benefits Daily, September 29, 2010.
Recent speaking engagements include:
- "Keeping Up With the DC" for the 2011 PLANADVISER National Conference (September 2011).
- "Emerging Strategies to Challenge Pension Plan Investments," a webinar hosted by Strafford Publications (August 2011).
- “So Sue Me” for the 2011 PLANSPONSOR National Conference (June 2011), forthcoming.
- "Class Certification Trends in ERISA Litigation,” a national telecast hosted by Law Seminars International (June 2011).
Mr. Fleckner has been quoted in numerous publications, including The Boston Globe, California Lawyer, The New York Law Journal, Pension & Benefits Daily, The United States Law Week and The Washington Post.
BAR AND COURT ADMISSIONS
Mr. Fleckner is admitted to the Massachusetts Bar, the U.S. Court of Appeals for the First Circuit and the U.S. District Courts for the District of Massachusetts and Western District of Wisconsin. He has also been admitted to practice before courts across the country.
RECOGNITION
In 2008, Mr. Fleckner was recognized as a Massachusetts Super Lawyer “Rising Star” by Law & Politics and Boston magazine. He has also been selected for inclusion on the 2011 New England Super Lawyers list.