D. Lee Heavner
Education
Ph.D. and M.B.A., Graduate School of Business, The University of Chicago; B.S., economics, Massachusetts Institute of Technology
Summary of Experience
Dr. Heavner has consulted on a wide variety of litigation topics, including ERISA, securities, and antitrust. In all of these areas, he has analyzed issues related to class certification, liability, and damages. Dr. Heavner’s ERISA case work includes supporting experts in dozens of ERISA litigations, including at least six cases in which our clients prevailed at trial. He has also served as an expert in ERISA class action litigations. Dr. Heavner has written and presented on a variety of topics related to investments and retirement plans, including the article “Expert Analysis of Plan Losses in ERISA Class Action Litigation.” His securities litigation experience includes directing the support of expert witnesses in many of the largest mutual fund excessive fee actions ever filed, including four such cases that culminated in trial victories for our clients. His other finance and securities case work includes cases involving allegations of securities fraud, imprudent asset management, and investment suitability. In Florida State Board of Administration v. Alliance Capital Management, Dr. Heavner directed the support of expert witnesses retained on behalf of Alliance Capital. This case culminated in a trial in which a Florida jury found Alliance Capital not liable for the losses incurred by the Florida Retirement System pension fund. The National Law Journal declared the verdict one of the top ten defense wins of the year. Dr. Heavner’s antitrust experience includes matters involving allegations of collusion (including alleged concerted refusals to deal), anticompetitive vertical restraints of trade, predatory pricing, illegal price discrimination, mergers, and standards setting. He has earned Accredited Investment Fiduciary® designation and has been a member of the Analysis Group 401(k) Committee since 2009. He formerly taught economics and finance at Tulane University’s A.B. Freeman School of Business.
- 401(k) Fee Litigation
- Baker v. American Century Investment Management
- Chill, et al. v. Calamos Advisors LLC
- ERISA Class Action against Provider of Retirement Plan Services to Small- and Mid-Sized Plans
- ERISA Class Action Litigations Involving Plans That Held Investment Options Affiliated with the Plan Sponsor
- Florida State Board of Administration v. Alliance Capital Management
- In re American Funds Fee Litigation
- In re NYSE/Archipelago Merger Litigation
- Joseph Vellali, et al. v. Yale University, et al.
- Obeslo, et al. v. Great-West Capital Management, et al.
- Solyndra Antitrust Litigation
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Association Between ‘Balance Billing’ Legislation and Anesthesia Payments in California: A Retrospective Analysis
Anesthesiology, July 2023
2023Heavner DL, Dixit A, Baker L, Sun E
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ERISA Litigation Involving Health and Welfare Plans
Recent Developments in Business and Corporate Litigation, 2020 Edition
2020Gustafson M, Hall-Partyka P, Heavner D, Rybolt P
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Back to School – Three Years Later: An Update on University Retirement Plan Litigation
Recent Developments in Business and Corporate Litigation, 2020 Edition
2020Brogan L, Heavner D
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State vs. Local Management of Pension Assets: Effects of the Massachusetts Chapter 68 Public Pension Reform
The Journal of Retirement, 2020
2020 -
ERISA Litigation Involving Target Date Funds
Recent Developments in Business and Corporate Litigation, 2019 Edition
2019Ahuja R, Boyle B, VerGow M, Heavner DL, Nabi A
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Returning Back to School: An Update on University Retirement Plan Litigation
Recent Developments in Business and Corporate Litigation, 2019 Edition
2019Heavner DL, Brogan L
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Back to School: A Primer on University 403(b) Plan Litigation
American Bar Association, Recent Developments in Business and Corporate Litigation
2018Heavner D. Lee, Brogan Lisa S
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Expert Analysis of Class Certification Issues
Litigation Services Handbook: Sixth Edition
2017Heavner DL, Gustafson M, Simon P, Chorba C
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Economic Analysis in Fiduciary Monitoring Disputes Following the Supreme Court’s ‘Tibble’ Ruling
Pensions & Benefits Daily, May 26, 2015
2015 -
Expert Analysis: Using Simulation to Assist Courts in Assessing the Prudence of Retirement Plan Investment Decisions
Bloomberg BNA's Pensions & Benefits Daily, July 15, 2014
2014 -
Expert Analysis of Plan Losses in ERISA Class Action Litigation
Bloomberg BNA, April 2012
2012 -
Seventh Circuit Creates Uncertainty About 401(k) Provider RFPs
Pension & Benefits Daily, May 24, 2011
2011Heavner DL, Fleckner J
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The Importance of Supply-Side Effects in Antitrust Analyses
Economics Committee Newsletter, Volume 8, No. 2, American Bar Association
2008 -
Vertical Enclosure: Vertical Integration and the Reluctance to Purchase from a Competitor
Journal of Industrial Economics
2004