Nicholas J. Pappas is a partner in Weil, Gotshal & Manges' Litigation Department and a member of the Employment Litigation and Complex Commercial Litigation Practice Groups. Mr. Pappas's practice covers the full range of complex ERISA and employment litigation matters. National in scope, he defends numerous Fortune 500 companies in a variety of industries and jurisdictions.
Mr. Pappas focuses on the defense of ERISA class actions challenging the administration of health care benefit plans, 401(k) plans and defined benefit plans. In these matters he regularly litigates and counsels on sophisticated legal issues arising in ERISA litigation, including preemption, standing, exhaustion, fiduciary status, disclosure obligations, withdrawal liability, plan termination, and benefit accrual.
Among his numerous successes in ERISA litigations, Mr. Pappas led the Weil team in establishing an important precedent in ERISA litigation in Kendall v. Employees' Retirement Plan of Avon Products, where the Court affirmed the dismissal of a putative ERISA class action alleging breach of fiduciary duties based on the absence of standing as required by Article III of the U.S. Constitution. Mr. Pappas also played an important role in multiple cases in which Weil represented UnitedHealth Group against putative class action claims asserted under ERISA and RICO, including successfully defeating class certification in the subscriber track of MDL 1334, In re Managed Care Litigation, and concluding a class action settlement over the objections of one of the plaintiffs' co-lead counsel in the high profile case of American Medical Ass'n v. United Healthcare Corporation.
Mr. Pappas also litigates and counsels regarding the full range of class and complex actions arising in the workplace, including antidiscrimination laws, military leave, plant closings, disability, family leave, union organizing, and enforcement of non-competition agreements.