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Deborah S. Davidson

Partner

Deborah S. Davidson represents plan sponsors, trustees, fiduciaries, service providers, and other clients facing a range of employee benefits litigation around the United States. Co-chair of the firm’s ERISA litigation practice, she has a particular focus on class and multiparty actions, including those arising under the Employee Retirement Income Security Act (ERISA). She counsels clients facing litigation through trial, as well as with appellate matters. Deborah has been recognized nationally for ERISA litigation by Chambers, and she served as national management co-chair of the Employee Benefits Committee of the American Bar Association’s Labor and Employment Law Section from 2013–2015. Deborah was selected by the Illinois Diversity Council (ILDC) as one of its 2016 Leadership Excellence in the Law award recipients.

Extended Profile

In her benefits litigation practice, Deborah handles claims covering a host of issues. These include employer securities and employee stock ownership plans (ESOPs), retirement plan investments, plan fees and expenses, church plans, retirement and health plan service providers, retiree medical benefits, health and welfare plan issues, early retirement programs, severance plans, top-hat plans, alleged cutback or elimination of accrued benefits, claims to recover plan benefits, and other claims. Deborah also counsels clients on risk management including a variety of benefits issues.

Deborah frequently writes and speaks on employee benefits and ERISA litigation. She has been a chapter editor and contributing author for the Employee Benefits Law Treatise and Supplement (BNA) for chapters on fiduciary responsibility, ethics, and civil procedure. She is also a member of the national faculty of the ABA’s Joint Committee on Employee Benefits.

Education

  • University of Tulsa, 1995, B.A., With Honors
  • Washington University in St. Louis, 1998, J.D.

Admissions

  • Illinois
  • US Supreme Court
  • US Courts of Appeals for the Fourth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits
  • US District Court for the Eastern District of Wisconsin
  • US District Courts for the Central and Northern Districts of Illinois
  • US District Courts for the Eastern and Western Districts of Michigan
  • US District Court for the Eastern District of Texas
  • US District Court for the District of Colorado

Awards and Affiliations

Member, Practice Group of the Year, Employment, Law360 (2017)

Recognized by the Illinois Diversity Council (ILDC) as one of its 2016 Leadership Excellence in the Law award recipients

Ranked, ERISA Litigation, Nationwide, Chambers USA (2014–2019)

Ranked, Labor & Employment: Employee Benefits & Executive Compensation, Illinois, Chambers USA (2014–2016, 2018, 2019)

Leading Lawyer, Labor and employment: ERISA litigation, The Legal 500 US (2018, 2019)

Recommended, ERISA Litigation, The Legal 500 US (2010–2017)

Recognized, Chicago "40 Under 40 Rising Stars," National Law Journal (2013)

Recognized, Who’s Who Legal (2016)

American Bar Association: Labor and Employment Section, Employee Benefits Committee, Management Co-Chair (2013–present )

American Bar Association: Labor and Employment Section, Employee Benefits Committee, Management Co-Chair, Fiduciary Responsibility Subcommittee (2010–2012)

American Bar Association: Labor and Employment Section, Employee Benefits Committee, Programming Subcommittee (2010–2012)

American Bar Association: Labor and Employment Section, Employee Benefits Committee, Management Co-Chair, Ethics Subcommittee (2008–2010)

American Bar Association: Labor and Employment Section, Employee Benefits Committee, Management Co-Chair, Retention Subcommittee (2006–08)

American Bar Association: Labor and Employment Section, Employee Benefits Committee, National Faculty for Joint Committee on Employee Benefits (2007–present)

Chair, Chicago Bar Association Employee Benefits Committee (2006–07)

Vice-Chair, Chicago Bar Association Employee Benefits Committee (2005–06)

Secretary, Chicago Bar Association Employee Benefits Committee (2004–05)

Membership Chair, Metropolitan Family Services Metro Board (2006–08)

ESOP Association (2013–present)

National Center for Employee Ownership (2013–present)

Publications

August 2015 - Tibble v. Edison International: What Does It Mean for Fiduciaries and Their Insurers?, PLUS Journal

8/25/2014 - Chicago Litigation Departments of the Year: A Special Report

6/27/2014 - Supreme Court Rejects “Presumption of Prudence” in ERISA Employer Stock Cases

6/19/2014 - Employer Stock: Public and Private-Held ESOPs, presented at the 24th Annual ABA Institute on ERISA Litigation

6/18/2014 - Hot Topics in ERISA Litigation, presented at the 24th Annual ABA Institute on ERISA Litigation

4/8/2014 - Litigation and Regulatory Update, presented at the NCEO National Conference

December 2013 - Supreme Court to Decide Applicability of the “Prudence Presumption” in ERISA Stock Cases: ESOP and 401(k) Plan Sponsors and Fiduciaries, Take Note

10/16/2013 - Fiduciary Responsibility Under ERISA, presented at the ABA 27th Annual Institute on ERISA Basics

7/16/2013 - Supreme Court Round-Up, presented by the ABA Joint Committee on Employee Benefits

5/20/2013 - Hot Topics in ERISA Litigation, presented at the 23rd Annual National Institute on ERISA Litigation, Chicago

2/21/2013 - Platform Investments and Target Date Funds, presented at the ABA Employee Benefits Committee, Section of Labor and Employment Law Midwinter Meeting, Charleston, South Carolina

Autumn 2012 - How Have Dukes and Spano Changed the Game for Class Certification of ERISA Claims?, Benefits Law Journal, Vol. 25, No. 3

10/22/2012 - Fiduciary Responsibility Under ERISA, presented at the ABA 26th Annual Institute on ERISA Basics, Washington, D.C.

8/5/2012 - Panelist, Where ERISA Class Action Litigation Intersects with Other Areas of the Law, presented at the American Bar Association Annual Meeting, Chicago

8/3/2012 - Moderator, What the Supreme Court is Saying About ERISA, presented at the American Bar Association Annual Meeting, Chicago

6/8/2012 - Ethics Issues for ERISA Litigators, presented at the 22nd Annual ABA Institute on ERISA Litigation, Washington, D.C.

6/8/2012 - Defined Contribution Investment Litigation, presented at the 22nd Annual ABA Institute on ERISA Litigation, Washington, D.C.

2/22/2012 - Handling Benefit Claims for Retirement Plans

12/7/2011 - Top 10 ERISA Decisions of 2011, presented at the Worldwide Employee Benefits 2011 year-end meeting, Chicago, IL

11/14/2011 - Fiduciary Disclosures and Litigation, presented at the ABA JCEB 21st Annual National Institute on ERISA Litigation, Chicago, IL

May 2011 - Fiduciary Responsibility Under ERISA, presented at the ABA 25th Annual Institute on ERISA Basics, Chicago

February 2011 - ERISA Plan Fee and Employer Stock Update, presented at the ABA Employee Benefits Committee, Section of Labor and Employment Law Midwinter Meeting

November 2010 - Benefit Claims Litigation: Claims Standard of Review, Discovery and Dispositive Motions, presented at the ABA JCEB 20th Annual National Institute on ERISA Litigation, Chicago

Spring 2010 - Why Complying with ERISA Section 404(c)'s Safe Harbor for Participant-Directed Investments Is Worth the Effort for Plan Sponsors and Fiduciaries," Benefits Law Journal, Vol. 23, No. 1

5/19/2010 - Fiduciary Responsibility Under ERISA, presented at the ABA 24th Annual Institute on ERISA Basics, Chicago

February 2010 - Ethics Update, presented at the ABA Employee Benefits Committee, Section of Labor and Employment Law Midwinter Meeting

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News

5/31/2019 - Eye on ERISA: A Chat with Morgan Lewis’s Practice Chairs, Law360

7/22/2016 - Morgan Lewis Partner Debbie Davidson Honored as Leadership Excellence in the Law Award Recipient by Illinois Diversity Council

2/29/2016 - Chicago Labor & Employment Team Named Litigation Department of the Year

8/26/2014 - Morgan Lewis’s Chicago Labor and Employment Practice Honored by The National Law Journal

8/25/2014 - Chicago Litigation Departments of the Year: A Special Report

7/2/2014 - The Diversity Discussion: How Firms Stand Out, Chicago Lawyer (read the article)

Events

5/16/2019 - 2019 ERISA Litigation Roundtable

5/15/2017 - Practising Law Institute Specialized Deposition Techniques 2017

4/28/2017 - The ERISA Industry Committee 2017 Spring Policy Meeting

12/15/2016 - Top Issues for Plan Sponsors and Fiduciaries to Watch in 2017

10/26/2016 - ABA-JCEB ERISA Basics National Institute 2016

11/12/2015 - The ESOP Association’s Las Vegas Conference and Trade Show 2015

5/13/2015 - ABA's 25th Annual National Institute on ERISA Litigation

10/16/2014 - 28th Annual ABA Institute on ERISA Basics

10/16/2013 - ABA Joint Committee on Employee Benefits’ 27th Annual National Institute on ERISA Basics

10/22/2012 - ABA Joint Committee on Employee Benefits’ 26th Annual National Institute on ERISA Basics

8/5/2012 - 2012 ABA Annual Meeting

6/7/2012 - ABA Joint Committee on Employee Benefits 22nd Annual National Institute on ERISA Litigation

2/22/2012 - ABA Employee Benefits Committee, Section of Labor and Employment Law Midwinter Meeting 2012

11/14/2011 - American Bar Association’s 21st Annual National Institute on ERISA Litigation

JCEB ERISA Basics

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