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Three Strikes and You're in - Supreme Court Decides Three ERISA Cases, with More to Come


Speaker(s): Andrew L. Oringer, Radha Pathak, Thomas Tso
Recorded on: Jun. 25, 2020
PLI Program #: 303487

Andrew L. Oringer is a partner and the co-chair of the Employee Benefits and Executive Compensation Group at Dechert LLP.  He is the co-chair of the Employee Benefits Committee of the American Bar Association’s Business Section, Emerging Issues Coordinator of the Employee Benefits Committee of the American Bar Association’s Section of Taxation and chair of the New York State Bar Association Committee on Attorney Professionalism.  Mr. Oringer is a charter member of the Practical Law Employee Benefits and Executive Compensation Advisory Board and was a long-standing member of the Advisory Board for the Bloomberg BNA Benefits Resource Practice Center and for the Tax Management Compensation Planning Journal.  He is a Fellow of the American College of Employee Benefits Counsel, a Senior Fellow from Practice for the Regulatory Compliance Association and an adjunct professor at the Maurice A. Deane Law School at Hofstra University.  He is co-editor of a leading treatise on ERISA fiduciary law and has authored two of its chapters, and has authored a chapter in a leading treatise on the taxation of nonqualified deferred compensation and.  Mr. Oringer is highly rated by a number of key ranking organizations, has been repeatedly included in a widely disseminated list of the Top 100 lawyers in New York City across all practice areas and is a member of The Legal 500 Hall of Fame.


Radha A. Pathak is counsel to Stris & Maher where she represents firm clients in high-stakes matters and high-impact pro bono cases. Ms. Pathak was formerly Associate Dean of Student & Alumni Engagement, Associate Professor of Law (with tenure), and Director of the Institute for Trial and Appellate Practice at Whittier Law School. Prior to entering academia, Ms. Pathak served as a judicial clerk to the Honorable Raymond C. Fisher of the United States Court of Appeals for the Ninth Circuit.

Ms. Pathak has been litigating cases before the Unites States Supreme Court since 2005. In the 2016 term, she served on teams representing parties in Microsoft v. Baker, 137 S.Ct. 1702 (2017), and Midland Funding, LLC v. Johnson, 137 S.Ct. 1407 (2017). In the 2015 term, she served as counsel of record in Board of Trustees v. Montanile, 136 S.Ct. 651 (2016), represented the respondents in Merrill Lynch v. Manning, 136 S.Ct. 1562 (2016), and was a member of the team representing the State of Vermont in Gobeille v. Liberty Mutual Ins. Co., 136 S.Ct. 936 (2016). She has also litigated numerous cases involving complex procedural issues in federal district and appellate courts throughout the country.

Ms. Pathak frequently speaks and writes about complex procedural issues, especially those pertaining to ERISA and often in collaboration with firm partner and fellow academic, Brendan Maher. Her ERISA publications include Enough About the Constitution: How States Can Regulate Health Insurance Under the ACA, 31 Yale L. & Pol’y Rev. 275 (2013) (with Brendan S. Maher), Health Insurance and Federalism in Fact, 28 ABA J. Lab. & Emp. L. 73 (2012) (with Brendan S. Maher), Discretionary Clause Bans & ERISA Preemption, 56 S.D. L. Rev. 500 (2011), Statutory Standing and the Tyranny of Labels, 62 Okla. L. Rev. 89 (2009), and Understanding and Problematizing Contractual Tort Subrogation, 40 Loy. U. Chi. L.J. 49 (2008) (with Brendan S. Maher). As a professor, she taught appellate advocacy, civil procedure, evidence, federal courts, remedies, and torts.

Ms. Pathak received her J.D., cum laude, from New York University Law School where she was an editor of the New York University Law Review, and her B.A. in Political Science with honors from the University of California at Berkeley.

Ms. Pathak currently serves on the Amicus Brief Committee of the National Asian Pacific American Bar Association.