Emily Seymour Costin

• Defending the country’s largest professional employee organization in a putative class action alleging various claims for breach of fiduciary duty under ERISA arising from investment selections and fees in its 401(k) plan. 
• Representing a government contractor in a putative class action alleging various claims for benefits and breach of fiduciary duty under ERISA arising from the selection of certain actuarial equivalence factors used to calculate benefits under a pension plan. 
• Representing a health care company in a putative class action alleging various claims for breach of fiduciary duty under ERISA arising from investment selections and fees in its 403(b) plan. 
• Defending one of the country’s top universities in a breach of fiduciary duty action regarding its 403(b) plan for faculty and staff. 
• Representing a manufacturer in a putative class action alleging various claims for benefits and breach of fiduciary duty under ERISA arising from the selection of certain actuarial equivalence factors used to calculate benefits under a pension plan. 
• Counseling an international media conglomerate on managing various disputes and claims for benefits under several subsidiary health, welfare, and retirement plans.  
• Defending an actuarial consulting firm against a claim for actuarial malpractice and breach of contract by a former client.  
• Defending an actuarial consulting firm against claims of breach of fiduciary duty, actuarial malpractice, fraud, and conspiracy.
• Representing a health insurance company in various disputes with out-of-network providers across the country claiming entitlement to benefits based on patient assignments.

Emily Seymour Costin is a partner in the Washington, D.C. office, where she primarily represents employers, plan sponsors, insurers, and fiduciaries in employee benefit disputes and counsels clients on litigation avoidance strategies. Emily has experience defending against individual, mass action, and class action litigation over claims for benefits and breach of fiduciary duty under ERISA. She has experience litigating various types of benefit plan disputes, including those involving excessive fees, employer stock, ESOPs, benefit termination, and health care matters.

Emily also represents clients in other types of related disputes, including those involving employment, securities, insurance, breach of contract, malpractice, and government contract matters. She also assists clients with responding to government investigations and subpoenas.

Emily is the former chair of the ABA’s Joint Committee on Employee Benefits (JCEB), a member of the editorial advisory board of the Benefits Law Journal, and a contributing author to the BNA treatise ERISA Litigation. In 2018, Emily was one of five lawyers named a “Rising Star” under 40 by Law360 in the field of employee benefits, and was most recently recognized by The Best Lawyers in America^© in Litigation – ERISA.  

Emily is a co-chair of the firm’s Women’s Initiative, and actively participates in the firm’s diversity and hiring committees.

Bar Admissions

• District of Columbia
• California

Education

• The George Washington University (J.D., 2005)
• University of Pennsylvania (B.A., 2000)

Memberships