James O. Fleckner
Areas of Practice
Jamie Fleckner is a partner in Goodwin Procter’s Litigation Department. 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 such as the Commonwealth of Massachusetts Attorney General, Public Employee Retirement Administration Commission and Inspector General.
Work for Clients
Mr. Fleckner’s work for financial service institutions includes representation of numerous financial service providers in class actions, regulatory investigations, arbitrations and bankruptcy proceedings regarding the discharge of ERISA and other fiduciary duties. His reported cases include LaLonde v. Textron, 270 F. Supp. 2d 272 (D.R.I. 2003) and 369 F.3d 1 (1st Cir. 2004), and In re Cardinal Health ERISA Litigation, 424 F. Supp. 2d 1002 (S.D.OH 2006). Currently, he is representing some of the largest financial institutions in so-called “excessive fee” ERISA litigation. Mr. Fleckner is also representing one of the largest mortgage companies and certain of its directors and officers in ERISA litigation arising from alleged “sub-prime” investments, as well as a major financial institution in regulatory and civil proceedings arising from the investment of retirement assets in foreign currency derivative products. Mr. Fleckner has also 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...more » Mr. Fleckner’s work for financial service institutions includes representation of numerous financial service providers in class actions, regulatory investigations, arbitrations and bankruptcy proceedings regarding the discharge of ERISA and other fiduciary duties. His reported cases include LaLonde v. Textron, 270 F. Supp. 2d 272 (D.R.I. 2003) and 369 F.3d 1 (1st Cir. 2004), and In re Cardinal Health ERISA Litigation, 424 F. Supp. 2d 1002 (S.D.OH 2006). Currently, he is representing some of the largest financial institutions in so-called “excessive fee” ERISA litigation. Mr. Fleckner is also representing one of the largest mortgage companies and certain of its directors and officers in ERISA litigation arising from alleged “sub-prime” investments, as well as a major financial institution in regulatory and civil proceedings arising from the investment of retirement assets in foreign currency derivative products. Mr. Fleckner has also 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. In addition, he has represented educational institutions, nursing homes and hospitals. less »
Professional Activities
Mr. Fleckner is a member of the Boston and Massachusetts Bar Associations. He has been involved in numerous community organizations, having served as a board member of the Combined Jewish Philanthropies’ Young Leadership Division, New England Region of the American Jewish Congress, and the Jewish Alliance for Law and Social Action, as well as the Public Policy Committee of the Jewish Community Relations Council. Mr. Fleckner’s reported pro bono cases include Boyajian v. Gatzunis, 212 F.3d 1 (1st Cir. 2000). Mr. Fleckner has also served as an elected member at the Needham (Mass.) Town Meeting since 2004.
Publications/Presentations
Mr. Fleckner frequently speaks on ERISA and related litigation topics across the country. Recent engagements include: “Current Developments in ERISA Litigation” at the MCLE Conference ERISA Litigation: The Evolving Landscape and the Fiduciary Quagmire (July 2008); “Subprime Lawsuits: A Survival Guide” at the Institutional Investor Legal Forum 2008 Summer Roundtable (June 2008); “Collective Trusts in Retirement Plans Under Increased ERISA Scrutiny,” national telecast hosted by Strafford Teleconferences (June 2008); and “Fiduciary Litigation” at the Fiduciary Investment Risk Management Association’s 22nd National Risk Management Training Conference (April 2008). Mr. Fleckner is also a frequent contributor to Goodwin Procter’s Financial Services Alert, and he organized and participated in Goodwin Procter’s 2008 webinar entitled “The Rise of ERISA Litigation Involving Collective Trusts and Other Retirement Products.”
Professional Experience
Prior to joining Goodwin Procter in 2002, Mr. Fleckner was associated with Skadden, Arps, Slate, Meagher & Flom, LLP and Hutchins, Wheeler & Dittmar, P.C.
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.
Education
J.D., University of Connecticut School of Law, 1998 (magna cum laude)
B.A., Trinity College (Hartford), 1991
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