The 2026 ERISA Defined Contribution Class Action Surge

Alec J. Berin, Partner | Miller Shah LLP

Alec J. Berin is a Partner at Miller Shah LLP in the firm’s Philadelphia office, where he represents plaintiffs and institutional clients in complex civil litigation. His practice centers on securities, ERISA, and federal false claims matters, drawing on regulatory enforcement experience and a deep grounding in financial regulatory law to advance investor, employee, and whistleblower interests in high-stakes class and qui tam litigation.

• Education & Credentials

Alec earned his Juris Doctor, with Honors, from the George Washington University Law School in 2019, and his Bachelor of Science in Industrial and Labor Relations from Cornell University in 2015. He is admitted to practice in the State of New Jersey and the Commonwealth of Pennsylvania, and before the U.S. District Courts for the District of New Jersey, the Eastern District of Pennsylvania, and the District of Colorado, as well as the U.S. Courts of Appeals for the First, Third, Fifth, Sixth, and Ninth Circuits.

• Recognition & Leadership

While at GW Law, Alec was named Paul A. Volcker Scholar — an award recognizing excellence in the study of financial regulatory law and commitment to public service. He served as an Articles Editor of the George Washington International Law Review and as a Research Associate with the Center for Law, Economics & Finance. In 2025, Miller Shah LLP elevated Alec to Partner, reflecting his contributions to the firm’s securities, ERISA, and whistleblower practices.

• Professional Involvement

Alec is actively engaged with Miller Shah’s institutional investor and whistleblower practices and contributes to the firm’s work across its securities regulation, employee benefits and fiduciary compliance, and False Claims Act practice groups. His prior service in the Enforcement Division of the U.S. Securities and Exchange Commission and his work on a Presidential campaign reflect a sustained commitment to public service and the regulatory community.

• Experience

Alec focuses his practice on securities, ERISA, and federal false claims matters, representing plaintiffs and institutional clients in class actions and qui tam litigation involving fiduciary breach, financial fraud, and government program abuse. Before joining Miller Shah as a Partner, he interned in the Enforcement Division of the U.S. Securities and Exchange Commission and worked with the firm as an ILR Credit Intern and Project Analyst prior to and during his legal education. He also brings prior experience from a Presidential campaign and a private consulting firm, giving him a multidisciplinary perspective on the regulatory, political, and business contexts in which his clients operate.

Richard E. Nowak, Partner & Co-Leader | Mayer Brown LLP

Rick Nowak is a Co-Chair of Mayer Brown’s award-winning ERISA Litigation practice and one of the country’s leading defense lawyers in benefits related disputes. An experienced trial lawyer and skilled litigator, he represents plan sponsors, administrators, fiduciaries, committees, boards, trustees, custodians, and third-party service providers — including recordkeepers, managed account providers, and investment advisors — in ERISA class actions and other matters involving retirement and health and welfare plans. Clients rely on Rick for substantive ERISA expertise, practical judgment, and the ability to resolve their most complex litigation and regulatory challenges efficiently.

• Education & Credentials

Rick earned his JD, summa cum laude, from the University of Illinois College of Law, where he served as Articles Editor of the University of Illinois Law Review. He received his BS, with high honors, from the University of Illinois. He is admitted to practice in Illinois and before the U.S. Courts of Appeals for the Second, Fifth, Seventh, Ninth, and Tenth Circuits, as well as multiple federal district courts including the Northern, Central, and Eastern Districts of Illinois, the Eastern District of Michigan, the Eastern District of Wisconsin, and the District of Colorado.

• Recognition & Leadership

Rick has been selected as a Fellow of the American Bar Foundation and named a Benefits/ERISA “MVP” by Law360, which previously recognized him as a “Rising Star” in the same category. He serves as Co-Chair of Mayer Brown’s ERISA Litigation practice and is consistently recognized as a leader in the field.

• Professional Involvement

Rick collaborates with leading benefits trade associations and industry groups — including the U.S. Chamber of Commerce, SIFMA, ICI, ABC, ERIC, and the ABA — on ERISA litigation and regulatory policy, including amicus briefs and legislative and regulatory proposals to improve benefit plan administration and participant outcomes. He serves as Co-Editor of the ABA Employee Benefits Committee Newsletter and sits on the Law360 Benefits Editorial Advisory Board. A prolific writer on ERISA litigation, he is a frequent speaker at major industry conferences and events.

• Experience

Rick represents clients nationwide in ERISA class actions involving fiduciary duty, prohibited transaction, excessive fee, and benefits claims, with notable defense wins in matters including Bafford v. Northrop Grumman (9th Cir.), Bugielski v. AT&T Services (C.D. Cal.), Wilcox v. Georgetown University (D.D.C.), Harmon v. Shell Oil Company (S.D. Tex.), and Lauderdale v. NFP Retirement (C.D. Cal.). He also advises on ERISA fiduciary governance — including investment selection and monitoring, managed accounts, service provider arrangements, ESG, private funds and alternatives, and proxy voting — and represents clients before the U.S. Department of Labor and other federal agencies in audits, investigations, and rulemaking matters, including advisory opinions and prohibited transaction exemptions. Rick returned to Mayer Brown in mid-2025 after several years as in-house counsel at Fidelity Investments, where he led the team responsible for Fidelity’s benefit plan litigation and regulatory enforcement matters and supervised complex litigation involving securities, digital assets, and data privacy. He began his career in the City of Chicago’s Department of Law, gaining significant trial experience defending the City and its employees in constitutional and civil rights matters.

SESSION 1 – ERISA Class Actions: New Theories and Trends | 1:00pm – 2:00pm

This session equips attorneys to navigate the ERISA defined contribution class action landscape, where Q1 2026 filings nearly doubled year-over-year and new theories — forfeiture reallocation, tobacco surcharges, stable value, and alternative assets — reshape fiduciary exposure for mid-market plans.

BREAK | 2:00pm – 2:10pm

SESSION 2 – ERISA Fiduciary Class Actions: Pleading Through Settlement | 2:10pm – 3:10pm

This session covers the ERISA defined contribution fiduciary class action lifecycle from pleading through trial, including motions to dismiss, discovery, class certification, summary judgment, and settlement, addressing Hughes, Cunningham, the Fourth Circuit’s Genworth ruling, DOL activity, and proposed legislation.