EvanMiller

Practice Leader Employee Benefits & Executive Compensation

(T) 1.202.879.3840

Evan Miller, who co-chairs the Firm's Employee Benefits and Executive Compensation Practice, litigates employee benefits issues on behalf of corporate plan sponsors, multiemployer plan contributors, and institutional and individual ERISA fiduciaries. He also is actively engaged in special projects relating to the restructuring of pension and retiree health liabilities.

Evan's recent litigation engagements include representation of the New York Times and C&S Wholesale Grocers in withdrawal liability arbitrations; CBS, Macy's, and Xerox in class actions alleging breach of fiduciary duty; and Peabody Energy in an ERISA section 510 class action. He also recently represented employer trustees of the New York State Nurses Retirement System in a trustee deadlock arbitration.

His recent special projects include representation of General Motors, Verizon Communications, and several other defined benefit plan sponsors in jumbo pension de-risking transactions. These transactions have collectively involved the transfer of more than $35 billion in pension liabilities. Evan also advised the City of Detroit in restructuring its pension and retiree health obligations in connection with the City's chapter 9 bankruptcy.

Evan is actively involved in promoting the health and welfare of abused and neglected children. He currently serves as a member of the Board of Trustees of Children's Law Center of the District of Columbia.

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Experience

  • Parsons Corporation completes $500 million IPO on NYSEJones Day represented Newport Trust Company, as trustee and independent fiduciary of the Parsons Employee Stock Ownership Plan, in connection with the $500 million initial public offering of Common Stock on the NYSE by Parsons Corporation.
  • Healthcare administration company obtains closure of U.S. Department of Labor criminal inquiryJones Day obtained a declination to prosecute by the U.S. Department of Labor – Criminal Division in an ERISA investigation against a healthcare administration company.
  • New York Times scores victory in challenge to use of "Segal Blend" in withdrawal liability assessmentIn an important case of first impression in the federal courts, Jones Day won a challenge on behalf of The New York Times Company to an actuarial method widely used by multi-employer pension funds to artificially increase the amount of liability incurred by employers that withdraw from such plans.
  • Peabody Energy successfully litigates and settles $644 million withdrawal liability assessment by UMWA 1974 Pension PlanJones Day successfully defended Peabody Energy Corporation against a $644 million withdrawal liability claim by the UMWA 1974 Pension Plan, which alleged that Peabody's spinoff of Patriot Coal Company was done to evade or avoid withdrawal liability.
  • Chemtura purchases $350 to $375 million group annuity contract from VoyaJones Day advised Chemtura Corporation in its transfer of approximately $350 to $375 million of pension plan liabilities to Voya Retirement Insurance and Annuity Company ("Voya"), covering approximately 5,000 U.S. retirees (who are receiving monthly payments from the Chemtura Corporation Retirement Plan as of September 1, 2015 and whose pension benefits were less than $2,000 per month) or their designated beneficiaries.
  • Lincoln Electric Company purchases $425 million group annuity contract from Principal Financial GroupJones Day advised The Lincoln Electric Company in its transfer of about $425 million of pension plan liabilities to The Principal Financial Group, covering nearly 1,900 retirees previously receiving pension benefits from Lincoln Electric's U.S. retirement plan.
  • The Washington Post successfully negotiates collective bargaining agreementJones Day represented The Washington Post in successful collective bargaining negotiations with the Washington Baltimore Newspaper Guild, securing the union's agreement to freeze the defined benefit pension plan, ending all future accruals for Guild-covered employees, and to freeze of all retiree medical plans.
  • Motorola Solutions de-risks pension plan by $4.3 billionJones Day advised Motorola Solutions, Inc. in major pension de-risking actions that reduced Motorola's pension plan liabilities by $4.3 billion, halving its liabilities.
  • City of Detroit's chapter 9 plan of adjustment confirmedJones Day served as lead restructuring counsel to the City of Detroit in connection with its chapter 9 bankruptcy case filed in July 2013 and its ongoing restructuring efforts.
  • Coal companies obtain dismissal on the merits of complaint challenging corporate spin-off under ERISAOn September 27, 2013, the District Court for the Southern District of West Virginia granted a motion to dismiss filed by Jones Day clients Peabody Holding Company, LLC, and Peabody Energy Corporation, rejecting on the merits a complaint alleging that the coal companies had violated the Employee Retirement Income Security Act ("ERISA") by spinning off corporate subsidiaries that were allegedly not financially viable.
  • GM wins Sixth Circuit appeal affirming dismissal of ERISA "top hat" litigationOn August 6, 2013, the U.S. Court of Appeals for the Sixth Circuit ruled in favor of Jones Day's client, General Motors LLC ("GM"), and affirmed the dismissal of a lawsuit brought by 113 former executives over changes made to an executive retirement plan during the bankruptcy of General Motors Corporation.
  • Verizon transfers $7.5 billion of management pension plan liabilities to Prudential in major pension de-risking transactionJones Day advised Verizon Communications Inc. in its transfer of approximately $7.5 billion in Verizon balance sheet liabilities attributable to outstanding pension obligations to Prudential Life Insurance Company of America.
  • Hostess Brands commences bankruptcy proceedingsJones Day represents client Hostess Brands, Inc. and its direct and indirect subsidiaries (collectively, "Hostess") as lead restructuring counsel, in Hostess' January 11, 2012 (the "Petition Date") filing under chapter 11 of title 11 of the United States Code (the "Bankruptcy Code") in the Bankruptcy Court for the Southern District of New York (the "Bankruptcy Court") with more than $800 million in secured debt and a $75 million debtor-in-possession financing facility with Silver Point.
  • GM Pension Plan transfers $29 billion in pension plan assets to Prudential in largest single-employer transfer in U.S. historyJones Day has advised General Motors LLC in connection with a transaction announced on June 1, 2012 that will eliminate approximately $29 billion in GM balance sheet liability, and result at closing in the largest single-employer plan termination and pension risk transfer in U.S. history.
  • Peabody Energy continues fight with Patriot CoalJones Day represented Peabody Energy Corporation ("PEC") in matters relating to the chapter 11 cases of its former subsidiary, Patriot Coal Corporation ("PCC"), including (a) discovery being conducted by PCC and their creditors' committee in those chapter 11 cases, (b) in an adversary proceeding brought against PEC by PCC in the chapter 11 case relating to certain benefit payments, and (c) litigation in West Virginia brought by the United Mine Workers of America relating to benefits owing by PCC.
  • CBS receives favorable ruling in Second Circuit affirming dismissal of putative ERISA class actionOn February 1, 2012, the U.S. Court of Appeals for the Second Circuit ruled in favor of Jones Day client, CBS Corporation, and affirmed the dismissal of a putative ERISA class action against CBS as time-barred.
  • New York City area hospitals and nursing homes win arbitration respecting nurses' health benefits coverageOn June 20, 2011, Jones Day lawyers achieved an important victory for 41 New York City area hospitals and nursing homes, as Arbitrator George Nicolau issued a binding arbitration award ordering the Trustees of the New York State Nurses Association Benefit Fund (NYSNA Fund) to make wide-ranging changes in the Fund's health benefits program.
  • Century Aluminum negotiates new four year agreement with United Steelworkers UnionJones Day served as chief negotiator for Century Aluminum in bargaining with the United Steelworkers Union that resulted in ratification of a new four year agreement at Century Aluminum of Kentucky's Hawesville, KY aluminum smelter.
  • JohnsonDiversey Retirement Plan successfully defends against various ERISA claims concerning benefits under cash balance planJones Day represented JohnsonDiversey, Inc.'s cash balance plan with respect to claims that the plan incorrectly calculated lump sum distributions of pension benefits.
  • Blue Cross Blue Shield of Michigan wins 6th Circuit appeal in important ERISA fiduciary breach caseOn December 8, 2010, the U.S. Court of Appeals For the Sixth Circuit ruled in favor of Jones Day's client Blue Cross Blue Shield of Michigan in an important case involving the scope of ERISA's fiduciary conduct rules -- DeLuca v. Blue Cross Blue Shield of Michigan.
  • Speaking Engagements

    • July 26, 2012
      2012 Speaker Series: Health Care Reform and the Affordable Care Act: What's Next for Employers?
    • September 15, 2010
      Mastering Mergers and Acquisitions, NBI Webcast
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