- Leading the defense of a major Fortune 500 technology company in a class action challenging the inclusion and retention of custom target-date funds and other investment options in its 401(k) plan.
- Lead counsel for a Fortune 500 financial services company in a class action alleging excessive fees and imprudent investment options in a 401(k) plan formerly offered to company employees.
- Representing the employer in defense of a class action challenging the design of a tobacco cessation wellness program.
- Lead counsel for a major Fortune 500 pharmacy benefit manager in defense of two class actions under an ERISA challenging coverage for a widely-used GLP-1 medication.
- Leading the defense of a global insurance company in an action under Section 510 of ERISA and challenges to the status of a deferred compensation plan as a “top hat” plan.
- 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.
- Argued and prevailed on an issue of first impression before the Ninth Circuit regarding the ability of an out-of-network provider to seek reimbursement for COVID-19 testing services under the CARES Act.
- Defended clients across the country in putative class actions alleging breaches of fiduciary duties under ERISA regarding the selection and monitoring of investments and payment of supposed excessive fees in 401(k) and 403(b) plans with favorable results.
- Argued and prevailed on an issue of first impression before the Second Circuit regarding Article III standing to bring ERISA claims related to a health plan benefits.
- Representing a multinational insurance and health care company 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 a large-scale professional employer organization (PEO) in a two-week bench trial challenging newly designed proprietary investment options in its 401(k) plan.
- Defended several actuarial consulting firms against claims for actuarial malpractice, professional negligence, breach of fiduciary duty, and breach of contract.
- 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.
Emily Seymour Costin
Partner,
- Phone: +1 202 239 3695
- Email: emily.costin@alston.com
Emily is a nationally recognized leader in ERISA litigation. Clients faced with complex employee benefit claims count on Emily to help them navigate the best defense. In addition to managing active cases, she advises clients on proven strategies to avoid future litigation.
Emily Seymour Costin leads the firm’s nationally recognized ERISA Litigation Team and co-leads the Compensation, Benefits & ERISA Litigation Group. She represents clients in complex 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 and pharmacy benefit managers in disputes over payment from ERISA plans and recoupment of overpayments. Emily advises a diverse groups of clients in other types of disputes involving employment, securities, health care, insurance, and professional malpractice. She’s experienced in managing administrative claims and appeals, responding to government audits, investigations, and subpoenas, and counseling clients on ERISA fiduciary best practices and other litigation avoidance strategies.
Emily is ranked by Chambers USA and The Best Lawyers in America® for her ERISA litigation and employee benefits practice. Clients tell Chambers, “Emily is an excellent ERISA Litigator with a high level of attention to detail and focus on client service.”
Emily is co-chair of the firm’s Women’s Initiative and serves on the firm’s Diversity Steering Committee.
Bar Admissions
- District of Columbia
- California
- Virginia
Education
- The George Washington University (J.D., 2005)
- University of Pennsylvania (B.A., 2000)
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Eighth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. District Court, Eastern District of Virginia
- U.S. District Court, District of Maryland
- U.S. District Court, District of Columbia
- U.S. District Court, Eastern District of Wisconsin
- U.S. District Court, Central District of California
- U.S. District Court, Southern District of California
- U.S. District Court, Northern District of California
Memberships
- 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, former member