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Dirk W. de Roos is a partner in Faegre & Benson’s Denver office. For three decades, he has represented employers in employment and employee benefit litigation. In state and federal court at the trial and appellate levels, Dirk has extensive courtroom experience, usually defending claims under Title VII, the ADEA, the ADA, federal and state civil rights and pay statutes, and ERISA. Some matters representative of his litigation and trial work include the following: Successfully defended employer against claimed violations of the ADA by a terminated employee with sleep apnea. Defended, and settled through mediation, two related multi-plaintiff cases alleging violations of Title VII, ADEA, and the Pregnancy Discrimination Act. Obtained summary judgment for employer in case involving ADA and FMLA claims by a terminated employee with a heart ailment. Won summary judgment for an employer against claims for $5,000,000 arising from alleged wrongful termination and denial of medical benefits coverage. Obtained summary judgment for insurance company client in bad faith action arising under E&O policy in claim by insured’s former employee (with HIV) that his termination and subsequent loss of medical benefits was based upon an administrative error.Represent non-profit Board in six related pending cases seeking to enforce rights under E&O policy against negligent medical insurance plan administrator retained by the Board. Some matters representative of his ERISA litigation practice include the following: Mertens v. Hewitt Associates, Supreme Court of Wisconsin. Represented the insurer, a well-known ERISA case addressing fundamental issues of non-fiduciary liability. (1993) Obtained summary judgment on breach of fiduciary duty claims for the pension plan, fiduciary and administrator of a Fortune 50 company in three related cases Defeated a putative class and obtained dismissal on a Motion to Dismiss for a large western United States employer in a matter alleging partial plan termination and breach of fiduciary duty Represented the plan administrator in a declaratory judgment defendant class action brought by the administrator for declaratory relief against a class of approximately 10,000 employees. The matter involved employee and retiree administrative demands for retroactive recalculation of pre-1979 maternity leaves arising from the decision in Pallas v. Pacific Bell Represented the plan and trustees in a series of cases claiming benefits or breach of fiduciary duty against a regional multiple employer welfare arrangement Defended the medical benefits plan of a major midwestern employer against ERISA/COBRA claims for $5,000,000 in damages arising from alleged denial of medical care. The case involved significant issues of ERISA § 514 preemption. Provide advice regarding E&O, fiduciary, and CGL coverage questions Appointed by insurance company to defend major Midwestern employer in pending suit claiming denial of COBRA benefits was administrative negligence. Industry Employers Fiduciaries of Trusts and Benefit Plans Hospitals/Medical Facilities Insurance Telecommunications.Education A.B., Dartmouth College (1968), with distinction J.D., Indiana University (1971), Law Review Professional Recognition Super Lawyers® 2006, Employment Litigation and 2007, Civil Litigation Defense American Bankruptcy Institute Distinguished Service Award Outstanding Lawyers of America (Member since 2003) Best of the Bar (Nominated for Insurance Law Work in 2004) Publications "Looking Down a Rocky Road", Winning Legal Strategies for Insurance Law Aspatore Inc. Publishers (2006) Risk Management/Managing ERISA Risks; Some Thoughts on Limiting Liability Trends Magazine (2006) Insurance and Tort Desk Reference Handbook (Couch on Insurance) Editorial Board Insurance and Liability Reporter Editorial Board Municipal Liability Reporter Presentations Current Issues: Insurance Problems in Litigation and Bankruptcy X/S Surplus Lines Association Annual Convention (Naples, FL) Economic Crime and Civil Recovery Under the American System10th Annual Cambridge Symposium: International Legal Issues (Cambridge, England Insurance Insolvency Issues American Bankruptcy Institution, Winter Leadership Conference (Phoenix, AZ) Professional and Trade Associations American Arbitration Association American Bankruptcy Institute Association of American Business and Insurance Attorneys Federation of Defense and Corporate Counsel International Asset Recovery Team Society of Insurance Receivers. | 