Jonathan G. Rose

• First-chair counsel in matters that included a jury trial involving claims under Section 510 of ERISA (and ADEA) and bench trials involving complex ERISA claims on behalf of plan fiduciaries.
• Represented clients in ERISA class actions and formal disputes before arbitration panels established to resolve disputes arising under complex class action settlement agreements.
• First-chair counsel in defending Fortune 500 and other large plan sponsors in stock drop and retiree health class actions.
• Representing clients in matters involving prudence of investment options, fiduciary disclosure issues, medical benefit claims, long-term disability claims, and severance benefit claims.
• First-chair counsel defending a large prescription benefit management company from breach of fiduciary duty claims brought by a former Fortune 500 health fund client.
• Representing 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.
• Defended withdrawal liability disputes on behalf of plan sponsors in formal arbitrations.
• Represented clients in matters involving the Department of Labor (DOL) and Internal Revenue Service (IRS) on policy and enforcement matters.
• Represented plan sponsors, fiduciaries, and employers in governmental investigations by the DOL, Pension Benefit Guaranty Corporation (PBGC), IRS, and Equal Employment Opportunity Commission (EEOC).
• Advised numerous clients in voluntary compliance filings with the DOL and IRS.

Jonathan Rose is a partner in the ERISA Litigation Group in Alston & Bird’s Washington, D.C. office. He focuses his practice on the representation of plan sponsors and fiduciaries in ERISA and related employment litigation. Jonathan advises plan sponsors and fiduciaries of qualified and non-qualified pension and welfare benefit plans in compliance with a 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.

Jonathan also advises financial institutions, investment funds, and service providers on Title I issues involving the structuring and marketing of investment funds. 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. Jonathan also regularly assists employers in the negotiation of employment and severance agreements and provides advice in negotiating collective bargaining agreements.

Jonathan is a former chair of the American Bar Association’s Joint Committee on Employee Benefits and is a fellow of the American College of Employee Benefits Counsel. He has been recognized as a Washington, D.C. Super Lawyer in ERISA litigation since 2012 and by The Best Lawyers in America© in both Employee Benefits (ERISA) Law and Litigation – ERISA since 2020.

Bar Admissions

• District of Columbia
• Pennsylvania

Education

• The Catholic University of America (J.D., 1992)
• McDaniel College (B.A., 1986)