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Simpson Thacher Wins Dismissal in Lehman Brothers ERISA Litigation

07.13.15
On July 10, 2015, the Firm obtained a dismissal of ERISA litigation arising from the 2008 collapse of Lehman Brothers on behalf of former members of Lehman’s benefits committee. The Firm had previously won two dismissals in the District Court for the Southern District of New York, and obtained an affirmance of those dismissals in the Second Circuit, before the Supreme Court vacated the Second Circuit’s decision for reconsideration in light of its 2014 decision in Fifth Third Bancorp v. Dudenhoeffer. On remand, the District Court once again dismissed the case, explaining that even the plaintiffs’ latest complaint could not survive the standard in Fifth Third. The Simpson Thacher attorneys representing the benefits committee defendants in obtaining the dismissal included Jonathan K. Youngwood and Janet A. Gochman. The dismissal was the subject of articles in The American Lawyer, Reuters and Law360.