Jonathan Rose is a partner in the ERISA Litigation Group in the firm's Washington, D.C., office. His practice is focused on the representation of plan sponsors and fiduciaries involved in ERISA and related employment litigation. In addition, Mr. Rose advises plan sponsors and fiduciaries of qualified and non-qualified pension and welfare benefit plans on compliance with the wide range of fiduciary duties required in the administration and investment of plan assets, including the prudent selection and oversight of investment and other service providers, disclosure obligations and prohibited transaction issues. Mr. Rose also advises plan sponsors and fiduciaries on issues involving plan design and maintenance of tax qualified status. He has extensive experience handling litigation in many areas of labor and employment law, including whistleblower claims against government contractors, federal and state discrimination claims and federal and state wage and hour claims. Mr. Rose also regularly assists employers in the negotiation of employment and severance agreements, and also provides advice in negotiating collective bargaining agreements. Mr. Rose is the current Chair of the American Bar Association’s Joint Committee on Employee Benefits and has been recognized in 2011 and 2012 as a Washington, D.C. “Super Lawyer” in the field of ERISA litigation.
- First-chair trial experience, including a successful jury trial involving claims under Section 510 of ERISA (and ADEA), as well as successful bench trials involving complex ERISA claims on behalf of plan fiduciaries.
- Handles ERISA class actions and formal disputes before arbitration panels established to resolve disputes arising under complex class action settlement agreements.
- First-chaired the defense of Fortune 500 and other large plan sponsors in "stock drop" and retiree health class actions.
- Litigates cases involving prudence of investment options, fiduciary disclosure issues, medical benefit claims, long-term disability claims and severance benefit claims.
- Successfully first-chaired the defense of a large prescription benefit management company from breach of fiduciary duty claims brought by a former Fortune 500 health fund client.
- Represents fiduciaries in litigation against former fiduciaries in connection with prohibited transactions, as well as fiduciary and non-fiduciary service providers for breaches resulting in large plan losses.
- Handles withdrawal liability disputes on behalf of plan sponsors in formal arbitrations.
- Deals with the Department of Labor and Internal Revenue Service on policy and enforcement matters.
- Represented plan sponsors, fiduciaries and employers in governmental investigations by the Department of Labor, the Pension Benefit Guaranty Corporation, the Internal Revenue Service, the Equal Employment Opportunity Commission, and has successfully advised numerous clients in voluntary compliance filings with the Department of Labor and Internal Revenue Service.
- Successfully negotiated favorable terminations with the PBGC, reducing plan sponsor or control group liability.
- Experience in multiemployer withdrawal situations, and has negotiated mergers of underfunded plans to avoid the imposition of withdrawal liability and excise taxes on employers through negotiations with the PBGC and Internal Revenue Service.
- Represents employers in employment litigation and governmental investigations.
- Successfully resolved numerous whistleblower cases on behalf of government contractors, as well as Sarbanes-Oxley investigations.
- Defends employers in litigation involving discrimination claims based on race, gender, age, religion, pregnancy, sexual orientation and retaliation.
- Has defended numerous employers in litigation involving federal wage and hour claims, and recently obtained a successful defense verdict for his client in the U.S. District Court for the District of Maryland.
- Handled well over 100 claims for clients faced with governmental investigations by the Department of Labor and Equal Employment Opportunity Commission—in each case, the claim was dismissed, or settled on extremely favorable terms.
Alston & Bird’s client, the State of Florida, today won a major victory in the Supreme Court of Florida, which ruled 4 to 3 that the 2011 Pension Law was constitutional, closing a nearly $1 billion per year hole in the budget of the State of Florida.
January 17, 2013
In the Press
One hundred and forty-seven Alston & Bird attorneys have been selected for inclusion in the 2013 edition of The Best Lawyers in America. The publication is universally regarded as among the few definitive guides to legal excellence, and its rankings are based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas.
September 18, 2012
In the Press
Alston & Bird announced today that Jonathan Rose, a partner in the ERISA Litigation Group in the firm’s Washington, D.C. office, has been appointed chair of the American Bar Association’s (ABA) Joint Committee on Employee Benefits (JCEB). Rose was appointed during the ABA’s 2012 Annual Meeting in Chicago and will serve a one-year term beginning on August 6, 2012.
August 13, 2012
In the Press