Russell Hirschhorn

Partner at Proskauer Rose LLP

Russell Hirschhorn

Russell Hirschhorn

Partner at Proskauer Rose LLP

Biography

Russell Hirschhorn represents plan fiduciaries, trustees, sponsors and service providers on the full range of ERISA and state law benefit and fiduciary issues. From single plaintiff to litigation and arbitration to complex class action litigation, he provides practical guidance, develops unique litigation defense strategies and, when appropriate, mediates successful resolutions.

Russell represents clients across a wide array of publicly-held, multi-national companies and privately owned companies across a multitude of industries including, banking, finance and investments, pharmaceuticals, retail products and construction, to name just a few. In addition, he also counsels benefit plan clients on a host of compliance and federal and state government agency enforcement matters, including complex and lengthy investigations and audits by the U.S. Departments of Justice and Labor.

Russell is management co-chair of the American Bar Association Employee Benefits Committee. He also writes on cutting-edge ERISA litigation issues, serving as the co-editor of the Firm’s Employee Benefits & Executive Compensation Blog and as a contributing author and a past chapter editor to Employee Benefits Law (BNA Third Edition).

Deeply dedicated to pro bono work, Russell was a principal drafter of several amicus briefs for the Innocence Project, a legal non-profit committed to exonerating wrongly convicted people. Russell has been recognized on several occasions for his commitment to pro bono work including by President George W. Bush in receiving the U.S. President’s Volunteer Service Award.

Representative Matters

Benefit Claims

*Honeywell International in an ERISA class action seeking additional pension benefits based on pension formulas available in numerous company locations and allegedly impermissible plan amendments.

Company Stock Fund Class Actions

*Amgen, Inc. in obtaining a favorable ERISA stock-drop ruling from the U.S. Supreme Court.

*Avon Products, Inc. in an ERISA stock-drop class action claiming that the 401(k) plan fiduciaries breached their fiduciary duties because there allegedly was false and misleading material information relating to alleged FCPA violations that was provided to plan participants. (S.D.N.Y.)

*Sanofi in an ERISA stock-drop class action claiming that the 401(k) plan fiduciaries breached their fiduciary duties by failing to disclose alleged corruption in its business, which plaintiffs allege artificially inflated the value of the company stock. (S.D.N.Y.)

*Wells Fargo & Co. in an ERISA stock-drop class action claiming that the 401(k) plan fiduciaries breached their fiduciary duties by concealing material adverse facts related to alleged sales practice issues and failing to take appropriate action with respect to the stock fund. (D. Minnesota)

*Wells Fargo Bank, N.A. in its capacity as the directed trustee of RadioShack’s 401(k) plan, in an ERISA stock-drop class action claiming that the directed trustee should have taken action to prevent further investment in the RadioShack stock fund. (N.D. Texas)

Foreign Exchange Litigation

*JPMorgan Chase & Co. in ERISA class actions alleging breach of fiduciary duty and prohibited transactions claims related to ERISA plan foreign exchange transactions. (S.D.N.Y.)

Government Plans

*Buck Consultants in a claim for indemnification arising out violations of the ADEA in a county pension plan. (D. Maryland)

Proprietary Funds

*Wells Fargo & Co. in an ERISA class action claiming breaches of fiduciary duty in connection with offering proprietary funds as investment options in the 401(k) plan. (D. Minnesota)

Amicus Briefs

*Co-authored an amicus brief that was filed in the U.S. Supreme Court on behalf of the U.S. Chamber of Commerce, ERISA Industry Committee, American Benefits Council, Plan Sponsor Council of America and National Association of Manufacturers in the ERISA stock-drop case of Fifth Third Bancorp v. Dudenhoeffer

*Co-authored an amicus brief that was filed in the U.S. Supreme Court on behalf of the ERISA Industry Committee and American Benefits Counsel in a retiree benefits case, M&G Polymers USA, LLC v. Tackett

Overview
RelSci Relationships

787

Number of Boards

2

Number of Awards

1

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Senior Partner at Proskauer Rose LLP

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Senior Partner at Proskauer Rose LLP

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Co-Chair, ERISA Litigation Practice Group at Proskauer Rose LLP

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Partner at Proskauer Rose LLP

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Partner at Proskauer Rose LLP

Relationship likelihood: Strong

Partner at Proskauer Rose LLP

Relationship likelihood: Strong

Partner at Proskauer Rose LLP

Relationship likelihood: Strong

Partner at Proskauer Rose LLP

Relationship likelihood: Strong

Partner at Proskauer Rose LLP

Relationship likelihood: Strong

Partner at Proskauer Rose LLP

Relationship likelihood: Strong

In The News
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May 18, 2015
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Russell Hirschhorn
Partner at Proskauer Rose LLP
Education
JD with Distinction
Class of 2001

The Maurice A. Deane School of Law at Hofstra University is located in Hempstead, New York. Founded in 1970 and accredited by the ABA in 1971, the school offers a JD, a joint JD/MBA degree, and LL.M degrees in American Law (for foreign law graduates) and Family law. Hofstra Law School is located on the southern portion of the 240-acre (0.97 km2) Hofstra University campus, in Hempstead, New York. The school was renamed to the Maurice A. Deane School of Law at Hofstra University in September 2011.

BS
Class of 1998

A high quality, respected college on par with a private school (but at the cost of a public school) is what makes SUNY Oswego a great choice for residents of upstate New York and the Northeast in general. Situated alongside a lake in the rural town of Oswego, New York, SUNY Oswego’s environment offers natural beauty and, with its numerous buildings that stretch across hundreds of acres, a spacious campus. At the graduate and undergraduate levels, SUNY Oswego boasts top-notch faculty, a number of whom are Fulbright scholars, published writers and award-winning researchers. In addition to learning from such exceptional faculty, many students also engage in research, another academic advantage of a SUNY Oswego education. Degrees at SUNY Oswego are granted through distinctive schools including the College of Liberal Arts and Sciences, the School of Business, a School of Education and a school for Fine and Performing Arts. Student life is equally impressive, offering over 100 academic, cultural, religious, community service and media-related student organizations. For freshman applicants who have been out of high school for fewer than three years, SAT or ACT scores are required. Additional requirements for all students include a high school diploma or GED as well as transcripts. Tuition is lower for in-state residents and financial aid options are available.

Memberships
Member
Current

American Bar Association provides legal services. It provides law school accreditation, continuing legal education, legal information and other services to assist legal professionals. The firm has members which include judges, court administrators, law professors, and non-practicing attorneys. The company was founded on August 21, 1878 and is headquartered in Chicago, IL.

Member
Current

The New York State Bar Association (NYSBA) is a voluntary bar association for the state of New York. NYSBA was founded in 1877 with the stated goal to cultivate the science of jurisprudence; to promote reform in the law; to facilitate the administration of justice, and to elevate the standards of integrity, honor, professional skill, and courtesy in the legal profession. Its first President was David B. Hill. Among the reforms in the legislation signed into law creating the association was the removal of the restrictions on the admission of women to the practice of law. In 1896, NYSBA proposed the first global means for settling disputes among nations, what is now called the Permanent Court of Arbitration in The Hague.

Research Editor
1999 - 2001

The Hofstra Law Review is currently the 48th most cited law review in the country. The Hofstra Law Review enjoys full coverage by HeinOnline, Westlaw and LexisNexis. Every article published by our Law Review is accessible on these databases, assuring our authors exposure to the widest possible audience. The Hofstra Law Review enjoys an international circulation to over 750 institutions and libraries.

Career History
Partner
Current

Proskauer Rose LLP is a law firm in New York, NY. It offers corporate finance, mergers and acquisitions, private equity, real estate transactions, bankruptcy and reorganizations, taxation, litigation, trusts and estates, intellectual property, and labor and employment law services. It serves the chemicals, entertainment, financial services, health care, hospitality, information technology, insurance, internet, manufacturing, media and communications, pharmaceuticals, real estate investment, sports, and transportation industries. The company was founded in 1875.

Special Professor of Law
Prior

The Maurice A. Deane School of Law at Hofstra University is located in Hempstead, New York. Founded in 1970 and accredited by the ABA in 1971, the school offers a JD, a joint JD/MBA degree, and LL.M degrees in American Law (for foreign law graduates) and Family law. Hofstra Law School is located on the southern portion of the 240-acre (0.97 km2) Hofstra University campus, in Hempstead, New York. The school was renamed to the Maurice A. Deane School of Law at Hofstra University in September 2011.

Boards & Committees
Member, Board of Directors
Current
Awards & Honors
President’s Volunteer Service Award
Other Affiliations
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