Jorge M. Leon

Proactively counseling to avoid litigation

During the 2020 wave of ERISA fee litigation, administrative and investment committees and related fiduciaries have actively sought out Jorge’s counsel in light of his work and experience during the first wave of fee litigation that started in 2006 and the 2016 wave that impacted the higher education industry. Specifically, Jorge has addressed how to establish committees, the applicable governance and standards of conduct and best practices to minimize the risk of being sued.

Guiding executive relations

When sensitive benefit and compensation issues arise for executives and members of the leadership team, Jorge has been called upon by boards and compensation committees to navigate and balance expectations, non-discrimination rules and relations between leadership and staff. This has encompassed one-on-one counseling and messaging and the development of legally-compliant creative corrections and third-party financial arrangements.

Advising a major municipality

Jorge counseled the largest municipal employer in Illinois on the design and fiduciary aspects of its 457(b) plan, with over $4 billion in assets.

Breaking new ground in ERISA issues

When a then-unknown plaintiff law firm targeted numerous large employers and plans with class actions claiming excessive fees and mismanagement of 401(k) plans, Jorge provided subject matter advice to both a client and their litigation team on this seminal ERISA action, resulting in the parties reaching a mutually agreeable settlement. Ultimately, Jorge’s work contributed to the development of the groundbreaking fee disclosure rules under ERISA. Most recently, Jorge was part of the litigation defense teams on ERISA cybersecurity, excess fee and TDF litigations that led to landmark shifts in fiduciary liability standards.

Taking on the IRS

Jorge mounted a successful defense of a client’s safe harbor 401(k) plan with approximately $4 billion in assets and more than 30,000 participants during an IRS audit that resulted in no penalties being assessed. He also represented a client before the IRS on complicated leased employee and related nondiscrimination testing issues where there was no existing regulatory guidance, helping to influence the development of new leased employee policies as a result.

Advocating for changes to COBRA/State Spousal Continuation Coverage

Jorge’s counsel in regard to a large health insurer’s spousal health continuation obligations led to a change in systems and procedures on a statewide basis, benefiting thousands of spouses who were entitled to health coverage after their partners terminated employment.

Other notable representations include:

• Successfully defended a client’s 403(b) plan during a DOL audit, which resulted in the assessment of minimal penalties
• Converted recordkeepers for defined contribution plans holding approximately $8 billion in assets
• Represented clients during PBGC investigations relating to reportable events, resulting in the successful close of acquisitions and changes in controlled groups
• Assessed the merits of settlement strategies for various alleged ERISA fiduciary breach lawsuits
• Handled benefit aspects of the $200 million sale of an IT service provider
• Handled benefit aspects of a purchaser’s $825 million acquisition of an information systems group
• Handled benefit aspects of multimillion-dollar acquisitions and divestitures of various manufacturing clients  

Focus on Diversity & Inclusion

Jorge is deeply committed to diversity and inclusion and has been actively at the forefront on diversity since his time in law school. He helped found the diversity committee at his prior firm at a time when such committees were considered a novelty. Jorge brought his passion and expertise on diversity and inclusion to Michael Best and its Diversity, Equity & Inclusion Committee. Jorge has helped develop policies and programs aimed at recruiting and retaining racially, gender and LGBTQ diverse talent at all levels. These efforts help over 500 workers firm-wide feel safe and secure in their jobs. Additionally, he has spearheaded firm-wide initiatives that promote social justice, civic engagement and access to educational, health, nutrition and government resources within predominantly minority communities. Clients, publishers and professional organizations frequently seek Jorge’s views and counsel as a thought-leader on diversity and inclusion. Examples of his accomplishments include:

• Increased the firm’s HRC Corporate Equality Index rating from 15% to 100%
• Successfully coordinate and prepare survey, client inquiries and award submissions on diversity
• Founded the firm’s ERG for racially and LGBTQ diverse lawyers and engineers
• Collaborated to create diverse law student scholarship program
• Developed nationwide diversity service day program
• Developed mentoring programs for diverse lawyers, law students and engineers within the firm and in the community
• Collaborated to develop transgender, charitable giving and enhanced parental leave policies
• Serve in leadership roles with organizations focused on LGBTQ and racial diversity
• Interviewed by various HR and diversity publications