Nicholas J. Pappas is a partner in Weil’s Litigation Department and a member of the Employment Litigation and Complex Commercial Litigation Practice Groups. Mr. Pappas’s practice covers the full range of complex ERISA and employment litigation matters.
Mr. Pappas focuses on the defense of ERISA class actions challenging the administration of health care benefit plans, 401(k) plans and defined benefit plans. In these matters he regularly litigates and counsels on sophisticated legal issues arising in ERISA litigation, including preemption, standing, exhaustion, fiduciary status, disclosure obligations, withdrawal liability, plan termination, and benefit accrual.
Among his numerous successes in ERISA litigations, Mr. Pappas led the Weil team in establishing an important precedent in ERISA litigation in Kendall v. Employees' Retirement Plan of Avon Products, 516 F.3d 112 (2d Cir. 2009), where the Court affirmed the dismissal of a putative ERISA class action alleging breach of fiduciary duties based on the absence of standing as required by Article III of the U.S. Constitution. Mr. Pappas also played an important role in multiple cases in which Weil represented UnitedHealth Group against putative class action claims asserted under ERISA and RICO, including successfully defeating class certification in the subscriber track of MDL 1334, In re Managed Care Litigation, 209 F.R.D. 678 (S.D. Fla. 2002); obtaining summary judgment in the lead case of the provider track of MDL 1334, In re Managed Care, 430 F. Supp. 2d 1336 (S.D. Fla. 2006), aff’d, 2007 WL 1695735 (11th Cir. June 13, 2007); and concluding a class action settlement over the objections of one of the plaintiffs’ co-lead counsel in the high profile case of American Medical Ass’n v. United Healthcare Corporation, 2009 WL 4403185 (S.D.N.Y. Dec. 1, 2009).
Mr. Pappas also litigates and counsels regarding the full range of class and complex actions arising in the workplace, including with respect to antidiscrimination laws, military leave, plant closings, disability, family leave, union organizing, and enforcement of non-competition agreements. Mr. Pappas played a central role in Weil’s defeating class certification in the highly publicized, putative nationwide race discrimination class action of McReynolds v. Merrill Lynch Pierce Fenner & Smith, 2010 WL 3184179 (N.D. Ill. Aug. 9, 2010), where the Court found that, because the putative class members “were supervised and reviewed by hundreds of different people, held a wide variety of salary levels and positions and had totally different experiences,” plaintiffs had failed to establish commonality.
National in scope, his practice includes the defense of numerous Fortune 500 companies in a variety of industries and jurisdictions. Representative clients include UnitedHealth Group, AIG, Merrill Lynch, Marsh & McLennan Companies, American Airlines and Avon Products.
Mr. Pappas is a frequent lecturer and writer on ERISA and employment-related topics. Since 1994, Mr. Pappas has co-authored the Employment Law Column in the New York Law Journal. Since 2004 he has been a contributing author of the annual updates of the ABA’s Employee Benefits Law treatise.
Mr. Pappas is active in pro bono representation of a number of not-for-profit corporations, including the Central Park Conservancy, Lutheran Social Services of New York, the Anti-Defamation League, the Near East Foundation, Volunteer Lawyers for the Arts, The Museum of Jewish Heritage, New York Center for Autism Charter School, the Greek Orthodox Archdiocese of America, the National Philoptochos Society, COSMOS FM, the September 11 Families Association, and WeLoveMillburn.com.
Mr. Pappas has been an active participant in bar association activities. He currently serves as co-chair of a subcommittee of the Employment Benefits Committee of the ABA’s Section of Labor and Employment. He also is a member of the Litigation Committee of the Association of the Bar of the City of New York and previously has served on the Labor and Employment Law Committee and the Benefits Committee. Mr. Pappas is also a member of the New York American Inn of Court.
Mr. Pappas is a member of the Firm’s Benefits Committee and its e-Discovery task force.
Mr. Pappas served as a law clerk to the Honorable Susan H. Black, United States District Court for the Middle District of Florida. He obtained his law degree from Rutgers University School of Law in 1987 and he graduated from Harvard College in 1984.