- Leading the defense of PNC Bank (formerly BBVA Bancshares) in putative class action alleging excessive fees and imprudent investment options in a 401(k) plan formerly offered to company employees.
- Representing Aetna in nationwide class action brought by an out of network medical laboratory regarding the proper reimbursement rate for COVID-19 testing services.
- Representing several companies in putative class actions alleging statutory violations and breach of fiduciary duty under ERISA arising from the selection of certain actuarial equivalence factors used to calculate benefits in defined benefit pension plans.
- Defended clients across the country in putative class actions alleging breaches of fiduciary duties under ERISA regarding the selection of investments and payment of supposed excessive fees in 401(k) and 403(b) plans with favorable results.
- Argued and prevailed an issue of first impression before the Second Circuit regarding Article III standing to bring ERISA claims related to a health plan benefits.
- Representing Cigna Corporation in various disputes with out-of-network providers across the country claiming entitlement to benefits based on patient assignments and related counterclaims for overpayments, and billing fraud.
- Represented Insperity Inc. in a two-week bench trial challenging newly designed proprietary investment options in its 401(k) plan.
- Defending several actuarial consulting firms against claims for actuarial malpractice, breach of fiduciary duty, and breach of contract.
Partner,
- Phone: 202.239.3695
- Email: emily.costin@alston.com
Employers faced with complex employment and employee benefit claims count on Emily to resolve disputes at the beginning stages with maximum efficiency. In addition to managing active cases, she advises clients on proven strategies to avoid future litigation.
- Argued and prevailed on a motion for summary judgment in a dispute brought by a former American Basketball Association player regarding claims for pension benefits under the American Basketball Association Players’ Retirement Plan.
- Defended four NBA teams and sponsors of the American Basketball Association Players’ Retirement Plan in a class action alleging various violations of ERISA arising from administration of the plan.
- Represented Dell and various individual fiduciaries of the Dell defined contribution plan in a matter involving Dell stock in the plan.
- Defended Nokia and related individuals in multiple employer stock-drop cases based on publicly reported difficulties with Nokia’s transition to new products and a resulting drop in its stock price, which was affirmed by the Second Circuit.
Emily Seymour Costin leads the firm’s ERISA Litigation practice. She regularly represents employers, plan sponsors, insurers, and fiduciaries in litigation over benefits and fiduciary matters under ERISA, including those involving investments, fees, and employer stock in defined contribution plans, pension benefit calculations, benefit termination, and health benefits. She also represents several of the country’s largest health insurers in disputes with medical providers over reimbursement from ERISA plans and recoupment of overpayments. Emily has a track record of advising diverse groups of clients in other disputes involving employment, securities, health care, insurance, contracts, and professional malpractice. She’s experienced in managing administrative claims and appeals, responding to government audits, investigations, and subpoenas, and counsels clients on ERISA fiduciary best practices and other litigation avoidance strategies.
Emily is listed in Chambers USA and The Best Lawyers in America© for her ERISA litigation work and has been named a “Rising Star” by Law360 in employee benefits. She’s a frequent commentator and contributing author for publications such as Plan Sponsor, Plan Advisor, Pensions & Investments, Law360, and BenefitsPro.
Emily is a national co-chair of the firm’s Women’s Initiative and participates on the firm’s Diversity Steering Committee. She serves on the Board of Directors of Breast Care for Washington, a non-profit dedicated to increasing access to medical screenings and treatment to all women in D.C. regardless of their ability to pay.
Bar Admissions
- District of Columbia
- California
Education
- The George Washington University (J.D., 2005)
- University of Pennsylvania (B.A., 2000)
Memberships
- Breast Care for Washington, board of directors
- American Bar Association, Joint Committee on Employee Benefits, past chair
- American Bar Association, TIPS Employee Benefits Committee, past chair
- National Association of Women Lawyers
- Law360 Editorial Board (Benefits) (2021)
- Benefits Law Journal, Editorial Advisory Board
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals for the Second, Fourth, Eighth, Ninth, Eleventh and DC Circuits
- U.S. District Courts for the District of Maryland, District of Columbia, Eastern District of Wisconsin, and the Central, Southern, and Northern Districts of California