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Jason H. Ehrenberg

Jason H. Ehrenberg is the founding partner of Ehrenberg Legal and Higher Ed Solutions PLLC. He is a former AmLaw attorney with significant experience counseling clients with regard to issues arising under myriad federal and state employment law statutes and regulations. He also has significant experience in all areas of ERISA and employee benefits law, providing a wide range of services to all parties to employee benefits plans, including plan sponsors, plan participants, plan administrators, service providers and fiduciaries.

Mr. Ehrenberg is a skilled trial and appellate litigator. He has significant first-chair jury and bench trial experience. This includes his recent successful representation of five military service members facing sexual assault charges before military tribunals (including the high profile U.S. Naval Academy football case). Mr. Ehrenberg’s recent trial experience also includes his defense of multiple plan fiduciaries, a plan sponsor and a cash balance pension plan in an ERISA fiduciary litigation in which all claims against all defendants were dismissed after a six-day bench trial. Mr. Ehrenberg also has significant experience in appellate litigation, having recently handled higher education, ERISA and employment matters in the United States Courts of Appeals for the Third, Fourth, Ninth and District of Columbia Circuits.

Mr. Ehrenberg’s nationwide Higher Education Law practice includes counseling university administrators, professors, graduate students and undergraduate students with regard to all aspects of their relationships with institutes of higher education. Mr. Ehrenberg regularly represents and/or consults with students and professors in Title IX investigations, tenure denials, academic dismissals and related matters. He also assists university administrators with severance disputes and the structuring of compensation packages, and regularly represents medical residents and graduate students in disciplinary and dismissal proceedings, and in related litigation.

Specialities

  • Higher Education Law and Consulting – including Title IX, faculty handbooks, tenure denials and appeals, and academic dismissals.

  • Employee Benefits (ERISA) and Employment Law

  • Litigation and Arbitration

  • Appellate Litigation

 Representative Litigation Matters

  • Successfully defending four separate sexual assault cases involving midshipmen at the United States Naval Academy, including dismissal of one case after an Article 32 hearing and acquittal of three cases after Court Martial.

  • Successfully defending multiple plan fiduciaries, a plan sponsor and a cash balance pension plan in an ERISA fiduciary litigation in which all claims against all defendants were dismissed after a six-day bench trial, affirmed by the D.C. Circuit.

  • Defeating class certification and obtaining summary judgment, affirmed by the D.C. Circuit, on behalf of an international union’s pension plan for staff and officers.

  • Obtaining a judgment on behalf of an independent fiduciary reforming a pension plan to conform to the settlor’s intent after a scrivener’s error.

  • Representing the independent fiduciary to more than two dozen multiemployer pension plans with respect to the settlement of litigation with a Madoff feeder fund.

  • Representing employers with respect to withdrawal liability in arbitration proceedings and in litigation and obtaining favorable settlement agreements with national multiemployer pension plans.

  • Defeating summary judgment in a claim for intentional infliction of emotional distress brought on behalf of a former Ph.D. student at a nationally-recognized university against the student’s former dissertation advisor.

  • Defeating summary judgment in a claim for wrongful termination in violation of public policy brought on behalf of a former employee of a nationally-recognized university’s investment office.

Education

 

University of Michigan Law School (J.D., 1999. Scribes award for outstanding legal writing, Note Editor, University of Michigan Journal of Law Reform).

Cornell University (B.S., 1996. Policy Analysis).

 

Bar and Court Admissions

 

  • New York

  • District of Columbia

  • United States District Courts for the District of Columbia

  •  United States District Court for the District of Maryland

  • United States District Court for the Eastern District of Wisconsin

  • United States Court of Appeals for the Third Circuit

  • United States Court of Appeals for the Fourth Circuit

  •  United States Court of Appeals for the Ninth Circuit

  • United States Court of Appeals for the District of Columbia Circuit.