Brett A.Swearingen


(T) 1.202.879.4656

Brett Swearingen represents companies in complex ERISA litigation and employee benefits matters. He has defended clients in ERISA litigation involving fiduciary duty claims as well as withdrawal liability disputes with multiemployer pension plans and also has helped advise plan sponsors in connection with pension de-risking transactions.

He also defends one of the largest credit reporting agencies in consumer litigation actions involving claims brought under the Fair Credit Reporting Act.

Brett also maintains an active pro bono practice, having represented a local homeless man at trial seeking reinstatement to his homeless shelter, and the American Legion in a case involving an Establishment Clause challenge.

Prior to attending law school, Brett worked for a member of Congress whom he advised on issues such as pensions, health care, labor, energy, and financial services. He also spent one year as policy director for an organization that worked to end child sex trafficking within the United States.


American Legion wins Supreme Court "Peace Cross" case
On June 20, 2019, the U.S. Supreme Court ruled (7-2) in favor of Jones Day client The American Legion by upholding the constitutionality of a government-maintained cross on public land.

Peabody Energy successfully litigates and settles $644 million withdrawal liability assessment by UMWA 1974 Pension Plan
Jones 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.

Homeless veteran challenges termination by shelter, finds permanent housing
Jones Day represented a homeless veteran who had been terminated from the Community for Creative Non-Violence, a homeless shelter near our Firm's Washington, D.C. office, in proceedings before D.C.'s Superior Court and Office of Administrative Hearings.

Group of California public-school teachers granted certiorari in First Amendment case challenging mandatory union dues
On June 30, 2015, the U.S. Supreme Court granted certiorari to a group of public-school teachers represented by Jones Day.

Additional Publications

  • April 2015The Evolution of Title VII—Sexual Orientation, Gender Identity, and the Civil Rights Act of 1964, ABA's 2015 National Conference on Equal Opportunity Employment Law
  • December 2014Pharmaceutical & Medical Device Regulatory Update, Issue 20
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