D. Lee Heavner
Managing Principal

Los Angeles
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 casework includes several disputes over the fees and services provided to multi-billion dollar retirement plans. His securities litigation experience includes directing the support of expert witnesses retained on behalf of mutual fund advisors in many of the largest mutual fund excessive fee actions (Investment Company Act, §36(b)) ever filed, including three such cases that have gone to trial. His other finance and securities casework 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 verdict was a landmark ruling for active investment managers, and was declared one of the top ten defense wins of the year by The National Law Journal. 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. Known for his ability to concisely present complex economic concepts in an accessible manner, Dr. Heavner formerly taught economics and finance at Tulane University’s A.B. Freeman School of Business.
Selected Cases
- 401(k) Fee Litigation
- Baker v. American Century Investment Management
- 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
- Obeslo, et al. v. Great-West Capital Management, et al.
- Solyndra Antitrust Litigation
Selected Publishing
-
ERISA Litigation Involving Health and Welfare Plans
Recent Developments in Business and Corporate Litigation, 2020 Edition
2020 -
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
-
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
-
Returning Back to School: An Update on University Retirement Plan Litigation
Recent Developments in Business and Corporate Litigation, 2019 Edition
2019Heavner DL, Brogan L
-
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
-
Expert 万家博万家博官方网站 of Class Certification Issues
Litigation Services Handbook: Sixth Edition
2017Heavner DL, Gustafson M, Simon P, Chorba C
-
Economic 万家博万家博官方网站 in Fiduciary Monitoring Disputes Following the Supreme Court’s ‘Tibble’ Ruling
Pensions & Benefits Daily, May 26, 2015
2015 -
Expert 万家博万家博官方网站: 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 万家博万家博官方网站 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
-
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
News
-
October 28, 2020
-
August 27, 2020
-
May 29, 2019
-
May 11, 2018
-
Forum
What Is a Prudent Investment? Using Simulation to Evaluate Investment Selections
-
Case Outcome
ERISA Class Action against Provider of Retirement Plan Services to Small- and Mid-Sized Plans
-
Forum
Perspectives on Investment Management Disputes
-
Case Outcome
In re American Funds Fee Litigation
-
Case Outcome
Baker v. American Century Investment Management
-
Case Outcome
Florida State Board of Administration v. Alliance Capital Management