Andrew Holly

ERISA Litigation; Antitrust & Competition Law; Appellate; Banking & Financial Institutions; Benefits & Compensation; Class Action Litigation; Commercial Litigation; Environmental; Healthcare Litigation; Insurance Law; Securities & Financial Services Litigation; Tax Controversy & Litigation

Andrew is a seasoned trial attorney and a nationally recognized leader in ERISA litigation. He represents clients in complex ERISA, healthcare, tax, and antitrust litigation.

Andrew serves as chair of Dorsey's nationally recognized ERISA Litigation Practice Group. He has 20 years' experience representing fiduciaries, plan sponsors, and insurers/plan service providers in ERISA litigation matters. For the last five years, he has been ranked by Chambers as one of the top ERISA litigators in the United States.

Andrew has represented clients in nearly every conceivable ERISA dispute. He has represented clients in numerous cases challenging the administration of 401(k), 403(b), target date plans, and defined benefit plans. Andrew has represented fiduciaries of some of the largest private ESOP’s in the country. He has represented clients in class-wide benefit disputes, challenges to pension plan investment strategies, disputes involving pension age discrimination rules, forfeited contribution cases, and actuarial equivalence matters. Likewise, he has represented group health plans and their third-party administrators against various ERISA fiduciary, prohibited transaction, and RICO claims, including cases involving challenges to “spread” pricing, challenges to health plan fees, mental health parity disputes, and disputes over the calculation of out-of-network benefits. He has successfully litigated dozens of individual claims for executive compensation, disability, health, severance, and pension benefits.

More generally, Andrew represents clients in health care/managed care disputes. He has represented medical providers and managed care entities in contract and fraud actions, bankruptcy matters, False Claims Act and Anti-Kickback Act disputes, challenges under the No Surprises Act, and antitrust lawsuits and disputes.

Andrew also represents clients in complex tax litigation in federal and state courts, administrative proceedings, and IRS audits. He has litigated multimillion dollar corporate and personal tax cases against the Internal Revenue Service as well as state and local tax authorities.

An experienced litigator, Andrew has handled numerous jury and court trials, arbitrations, regulatory matters, and other evidentiary hearings. Most recently, he concluded a two-week trial against the Internal Revenue Service over a $100+ million theft loss deduction stemming from the Tom Petters Ponzi scheme.

Andrew is a co-chair of the Preemption Committee on the ABA Subcommittee on Employee Benefits and is a contributing author of various texts, including the ERISA Litigation treatise and the ABA Employee Benefits Law Treatise. He frequently lectures and speaks on ERISA litigation issues.