Jason H. Ehrenberg
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Jason H. Ehrenberg is a skilled trial and appellate litigator with years of courtroom experience and a nationwide litigation and counseling practice.
Mr. Ehrenberg regularly litigates claims under the Employee Retirement Income Security Act of 1974 (“ERISA”). This includes defending claims for breaches of fiduciary duties, pension benefits, long term disability benefits, and ERISA withdrawal liability, among others.
Mr. Ehrenberg also routinely advises pension plan sponsors, administrative committees, trustees and other plan fiduciaries with regard to their fiduciary obligations under ERISA. He has been selected for inclusion in Washington, D.C. Super Lawyers in the areas of Employee Benefits/ERISA and ERISA Litigation every year since 2012. Mr. Ehrenberg is a member of the American Bar Association Joint Committee on Employee Benefits. He is a regular contributing editor and chapter author of the Employee Benefits Law and ERISA Litigation treatises. He regularly authors articles and speaks on issues arising under ERISA.
Mr. Ehrenberg also has considerable experience in military administrative and criminal proceedings. Most recently, he successfully defended four separate sexual assault cases involving midshipmen at the United States Naval Academy, including the high profile “Naval Academy Football Case.” He has been widely quoted on military justice matters in publications such as the Washington Post and New York Times and has appeared on television programs such as the CBS Morning News to discuss his views on the problems with the military’s handling of sexual assault cases.
Mr. Ehrenberg has significant experience in appellate litigation, having recently handled ERISA and employment matters in the United States Courts of Appeals for the Third, Fourth, Ninth and District of Columbia Circuits.
Mr. Ehrenberg also maintains a nationwide Higher Education Law practice, and regularly counsels university administrators, professors and graduate students with regard to all aspects of their relationships with institutes of higher education. He regularly appears on the American Association of University Professors list of recommended attorneys.
Representative Litigation Matters
- Successfully defending four separate sexual assault cases involving midshipmen at the United States Naval Academy, including dismissal of one case after an Article 32 hearing and acquittal of three cases after Court Martial.
- Successfully defending multiple plan fiduciaries, a plan sponsor and a cash balance pension plan in an ERISA fiduciary litigation in which all claims against all defendants were dismissed after a six-day bench trial, affirmed by the D.C. Circuit.
- Defeating class certification and obtaining summary judgment, affirmed by the D.C. Circuit, on behalf of an international union’s pension plan for staff and officers.
- Obtaining a judgment on behalf of an independent fiduciary reforming a pension plan to conform to the settlor’s intent after a scrivener’s error.
- Representing the independent fiduciary to more than two dozen multiemployer pension plans with respect to the settlement of litigation with a Madoff feeder fund.
- Representing employers with respect to withdrawal liability in arbitration proceedings and in litigation and obtaining favorable settlement agreements with national multiemployer pension plans.
- Defeating summary judgment in a claim for intentional infliction of emotional distress brought on behalf of a former Ph.D. student at a nationally-recognized university against the student’s former dissertation advisor.
- Defeating summary judgment in a claim for wrongful termination in violation of public policy brought on behalf of a former employee of a nationally-recognized university’s investment office.
University of Michigan Law School (J.D., 1999. Scribes award for outstanding legal writing, Note Editor, University of Michigan Journal of Law Reform).
Cornell University (B.S., 1996. Policy Analysis).
Bar and Court Admissions
- New York
- District of Columbia
- United States District Courts for the District of Columbia
- United States District Court for the District of Maryland
- United States District Court for the Eastern District of Wisconsin
- United States Court of Appeals for the Third Circuit
- United States Court of Appeals for the Fourth Circuit
- United States Court of Appeals for the Ninth Circuit
- United States Court of Appeals for the District of Columbia Circuits.
BAILEY & EHRENBERG PLLC
1015 18th Street NW
Washington, D.C. 20036