Emily Seymour Costin

• Leading the defense of PNC Bank (formerly BBVA Bancshares) in putative class action alleging excessive fees and imprudent investment options in a 401(k) plan formerly offered to company employees.
• Argued and prevailed on an issue of first impression before the Ninth Circuit regarding the ability of an out-of-network provider to seek reimbursement for COVID-19 testing services under the CARES Act.
• Leading the defense of a global insurance company in an action under Section 510 of ERISA and challenges to the status of a deferred compensation plan as a “top hat” plan.
• Representing several companies in putative class actions alleging statutory violations and breach of fiduciary duty under ERISA arising from the selection of certain actuarial equivalence factors used to calculate benefits in defined benefit pension plans.
• Defending clients across the country in putative class actions alleging breaches of fiduciary duties under ERISA regarding the selection of investments and payment of supposed excessive fees in 401(k) and 403(b) plans with favorable results.
• Argued and prevailed on an issue of first impression before the Second Circuit regarding Article III standing to bring ERISA claims related to a health plan benefits.
• Representing a multinational insurance and health care company in various disputes with out-of-network providers across the country claiming entitlement to benefits based on patient assignments and related counterclaims for overpayments, and billing fraud.
• Represented Insperity Inc. in a two-week bench trial challenging newly designed proprietary investment options in its 401(k) plan.
• Defended several actuarial consulting firms against claims for actuarial malpractice, breach of fiduciary duty, and breach of contract.
• Argued and prevailed on a motion for summary judgment in a dispute brought by a former American Basketball Association player regarding claims for pension benefits under the American Basketball Association Players’ Retirement Plan.
• Defended four NBA teams and sponsors of the American Basketball Association Players’ Retirement Plan in a class action alleging various violations of ERISA arising from administration of the plan.

Emily Seymour Costin leads the firm’s nationally recognized ERISA Litigation practice group. She represents clients in complex litigation over benefits and fiduciary matters under ERISA, including those involving investments, fees, and employer stock in defined contribution plans, pension benefit calculations, benefit termination, and health benefits. She also represents several of the country’s largest health insurers in disputes with medical providers over reimbursement from ERISA plans and recoupment of overpayments. Emily has a track record of advising diverse groups of clients in other disputes involving employment, securities, health care, insurance, contracts, and professional malpractice. She’s experienced in managing administrative claims and appeals, responding to government audits, investigations, and subpoenas, and counsels clients on ERISA fiduciary best practices and other litigation avoidance strategies.

Emily is ranked by The Best Lawyers in America^® and Chambers USA for ERISA litigation and employee benefits practice. Clients tell Chambers, “Emily is an excellent ERISA Litigator with a high level of attention to detail and focus on client service.”

Emily is co-chair of the firm’s Women’s Initiative and serves on the firm’s Diversity Steering Committee. She is pro bono legal counsel and a member of the Board of Directors of Breast Care for Washington, a non-profit dedicated to increasing access to medical screenings and treatment to all women in D.C. regardless of their ability to pay.

Bar Admissions

• District of Columbia
• California
• Virginia

Education

• The George Washington University (J.D., 2005)
• University of Pennsylvania (B.A., 2000)

Memberships