Nicole S. Magaline concentrates her practice in ERISA litigation representing plan sponsors, fiduciaries and service providers in class actions as well as individual claims.  She is a member of our ERISA litigation team that defends company stock actions, 401(k) fee actions, ESOP fiduciaries and defined benefit plans.

Among her recent experience, Ms. Magaline has represented a company director and counsel of several  ESOP-owned companies who were sued in a series of claims arising from claims against the ESOP.  Ms. Magaline has also defended former trustees of a state-based educational association who were sued over the trust's investment policy.

Ms. Magaline also has a range of commercial litigation experience in state court with a focus on real estate, construction defect, and product liability matters. Ms. Magaline's current and recent representations include:

• Defending a financial services client against mortgage fraud actions
• Representing a major building materials and aggregates supplier in multiple construction defect matters
• Representing chemical distributors in complex products liability matters

Publications

"ERISA 'Stock Drop' Cases: Keeping Securities Fraud Litigation Company," (co-author) Bloomberg Securities Law Reports (May 9, 2011)

"Two Unique Takes On Jury Waiver Clauses," Law360 New York (March 3, 2011)

"The Blame Game: Litigation Arising Out of the Subprime Mortgage Meltdown," (co-author) The Registry (February 2009)

Pro Bono Activities

Ms. Magaline has worked in conjunction with the Lawyers' Committee for Civil Rights of the San Francisco Bay Area. In 2008, she defended an immigrant family against wrongful eviction.