• Bio
  • Credentials
  • Admissions
  • Publications

Scott M. Lempert

Partner

Scott M. Lempert joined Kantor & Kantor, LLP, as a partner in 2022 after having an exemplary career with Cohen Milstein as a member of the firm's Employee Benefits (ERISA) Practice Group. His expertise is in representing the interests of employees and retirees in ERISA cases in Federal district court and on appeal.

Mr. Lempert has engaged in litigating several complex ERISA class actions, including cutting-edge legal cases asserting that many non-profit healthcare systems in the United States wrongfully claim their benefit plans are exempt from ERISA regulation under the church plan exemption and cases involving selection, retention and monitoring of underperforming and expensive 401(k) plan investments by conflicted employers. Mr. Lempert has over 20 years of experience litigating complex commercial class actions on behalf of employees, retirees and consumers in retiree benefits, employment, consumer protection and antitrust matters. While at Cohen Milstein he worked on many high-profile matters, including:

Recognition

  • “Benefits Group of the Year: Cohen Milstein,” Law360
  • Designated a Pennsylvania Rising Star by Super Lawyers
  • Designated a Pennsylvania Super Lawyer
  • AV Peer Review Rated, Martindale-Hubbell, representing the highest rating for professional excellence

Social Media

Education

  • University of Pennsylvania School of Law, J.D., 1995
  • University of Delaware, B.A., magna cum laude, 1989

Professional Affiliations
  • The Support Center for Child Advocates – Volunteer Attorney (2003 – present) representing abused and neglected children in the custody of Philadelphia’s Department of Human Services. Member of the Board – 2013 to 2019.
  • Reform Congregation Keneseth Israel – Vice President (2009-2011); Treasurer (2007-2009); Board of Trustees (2003-2014).
Notable Decisions
  • Feinberg v. T. Rowe Price Grp., Inc., No. 1: 17 cv 427 JKB 2021 WL 1102455, at *1 (Md. Mar. 23, 2021), defeat of motion for summary judgment resulting in a settlement valued at over $15 million plus injunctive relief in a case alleging fiduciary breach in the selection, retention and monitoring of proprietary investments in the company’s 401(k) plan
  • Kaplan v. Saint Peter’s Healthcare System, No. 13-cv-2941(D.N.J.), case alleging violations of ERISA and state law related to hospital claiming church plan exemption to federal law pension protections
  • Becker et al. v. Wells Fargo & Co., No. 20-cv-2016 (D. Minn.), resulting in settlement in a case alleging fiduciary breach in the selection, retention and monitoring of proprietary investments in the bank’s 401(k) plan
  • Fuller v. SunTrustBanks, Inc., No.1:11-cv-784-ODE, 2019 WL 5448206, at*1 (N.D.Ga. Oct.3, 2019), resulting in settlement of $29 million in a case alleging fiduciary breach in the selection, retention and monitoring of proprietary investments in the bank’s 401(k) plan
  • Sweeney v. Nationwide Mutual Insurance Co., No. 20-cv-01569 (S.D. Ohio), case alleging violations of ERISA related to 401(k) plan investment in proprietary fixed income fund which transferred over a billion dollars in plan assets to Nationwide’s general account.
  • Krohnengold v. New York Life Insurance Company., No. 21-01778 (S.D.N.Y), case alleging fiduciary breach in the selection, retention and monitoring of proprietary investments in the company’s 401(k) plan
  • In re: Unisys Corp. Retiree Medical Benefits ERISA Litig. – a series of cases involving representation of thousands of retirees, both as class actions and individually, seeking restoration of lifetime retiree medical benefits unlawfully terminated after retirement. These cases successfully achieved multiple settlements and court judgments providing lifetime retiree medical benefits for some and a continuing stream of payments to pay for medical benefits for other retirees.
  • Raetsch v. Lucent Technologies – 36 million dollar settlement involving unlawful transfer of excess defined benefit pension funds to an account to pay for retiree medical benefits.
  • Mehling v. New York Life Insurance Co. -- 14 million dollar settlement challenging excessive fees charged to New York Life employees and the company’s pension plan for Plan assets invested in New York Life owned mutual funds.
  • Stagi v. National R.R. Passenger Corp. – Gender discrimination class action alleging unlawful disparate impact on female union employees resulting from enforcement of an Amtrak employee policy that blocked union employees from promotion to management. Settlement provided Amtrak employees compensation for denial of opportunities for promotion and the striking of the unlawful employment policy.
Admissions
  • State Bar of Pennsylvania, 1995
  • State Bar of New Jersey, 1995
  • State Bar of District of Columbia, 2017
  • U.S. Supreme Court
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
Publications

In The News

  • “ERISA Arbitration, New Legal Theories to Be Tested in 2021,” Law360
  • “SunTrust to Pay $29M to End Class Suit Over 401(k) Roster,” Law360
  • “Church Plan Case Cut Short Too Soon, 7th Circ. Says,” Law360
  • “Hospital Group Must Face ‘Church Plan’ ERISA Suit,” Law360
  • “Shame on Them.’ Fund Companies Got Sued by Their Own Employees over Pricey 401(k) Plans,” Barron’s
  • “T. Rowe Price Must Face 401(k) Participants’ ERISA Suit,” Law360
  • “Ex-SunTrust Workers Win Class Cert. in ERISA Suit,” Law360
  • “St. Joseph’s Nurses Get Initial OK for $42M ERISA Deal,” Law360