MH Secures Defeat of Class Certification Motion in RICO Case

MH partners David McDowell and Amy Boyea represented a life insurer in a class action alleging RICO violations and fraud based on the putative class members’ adoption or participation in voluntary employees’ beneficiary association plans (VEBA Plans) under IRC 419A(f)(6); plans that allegedly did not provide the promised tax benefits. The case resolved after MH successfully defeated Plaintiffs’ motion for class certification. MH served as lead defense counsel for the insurer and one of its former employees.