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Daniel Q. Leake II

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Daniel Q. Leake II is an associate in the Charlotte, North Carolina, office of Jackson Lewis P.C. His practice focuses on the defense of complex ERISA class actions and employment litigation in federal and state courts.

Daniel maintains an active ERISA litigation docket defending class action breach of fiduciary matters. He is litigating ERISA 401(k) and 403(b) Plan excessive fee class actions, participating in motion to dismiss practice, class certification issues, expert witness work, and discovery issues. Daniel also represents employers in a broad spectrum of employment law matters, including discrimination, wrongful termination, harassment, retaliation, as well as preventive advice and counseling.

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On August 5, three Named Plaintiffs sued TIAA and Morningstar in the S.D.N.Y., claiming Defendants engaged in a “scheme to enhance corporate profits” by counseling participants to invest in two of TIAA’s most lucrative investment vehicles. Plaintiffs target ERISA and non-ERISA plans.  The Complaint alleges TIAA and Morningstar developed an investment advisory tool – the…

Since the Supreme Court’s January ruling in Hughes v. Northwestern University, circuit courts throughout the country have issued varying rulings regarding 401(k) fee litigation cases. These include the Ninth Circuit in Trader Joe’s Co. and Salesforce.com, Inc., and the Sixth Circuit in CommonSpirit Health, Inc. and TriHealth, Inc.  Most recently, the Seventh Circuit…