Eli Burriss

Seasoned Trial Counsel

Eli represents clients in all phases of litigation, across a variety of industries, including agriculture, health care, insurance, manufacturing and high-tech / intellectual property disputes. Eli brings his experience in being prepared to try high-stakes matters to bear on every dispute, so that each matter is positioned to be resolved in the most efficacious manner possible.

In addition to high-stakes commercial litigation, Eli’s experience includes internal and governmental investigations, including Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) enforcement actions, as well as state attorneys general.

Health Care Litigation

Eli represents many Fortune 100 health care providers and insurers in a variety of litigation, such as member disputes, responses to state regulatory inquiries, ERISA benefits and class action cases, provider arbitrations, affirmative antifraud matters, and qui tam litigation.

Health Care Litigation Experience

• Represented Fortune 25 health care company in class action litigation arising out of recalled products utilized by insureds.
• Represented a Fortune 25 health care organization in numerous litigation matters, including member and ERISA benefit disputes, provider arbitrations, and antifraud litigation.
• Represented a pharmacy benefit manager in regulatory proceedings and compliance analysis of new benefit offerings.
• Represented managed-care companies in antifraud and affirmative recovery matters seeking to recover hundreds of millions of dollars in paid claims.
• Represented a national owner and operator of acute and specialty-care facilities in litigation relating to theft of trade secrets and confidential information.

ERISA Litigation

Eli has extensive experience litigating matters that arise under ERISA, including 401(k) and employee stock ownership plan (ESOP) litigation, and representing plan sponsors and trustees in various DOL investigations and enforcement proceedings.

ERISA Litigation Experience

• Represented leading national retailer in class action in which plaintiffs asserted that the client’s COBRA enrollment and eligibility notices failed to comply with DOL regulations.
• Represented institutional trustees in class actions in which plaintiffs alleged that the trustee caused an ESOP to pay more than adequate consideration for shares of the company in the initial transaction.
• Represented sellers of shareholdings in class action in which plaintiffs alleged that an ESOP paid more than adequate consideration for shares of the company in the initial transaction.
• Represented a leading national mobile communications provider in 401(k) litigation in which plaintiffs alleged that the plan’s selected provider charged excessive fees and offered underperforming investment options.
• Represented numerous plan fiduciaries in responding to civil demands and other enforcement proceedings before the Department of Labor.

Antitrust Litigation

Eli has successfully represented clients in critical civil and criminal antitrust cases, as well as in FTC and DOJ antitrust investigations.

Antitrust Litigation Experience

• Represented privately held company in antitrust action asserting claims for violation of state antitrust laws based on allegedly monopolistic behavior. 
• Represented health care organization in filing action alleging violation of state antitrust laws based upon regional health care provider’s alleged monopolistic conduct.
• Represented several national franchisors in litigation in which franchisees asserted franchisors engaged in anticompetitive conduct, including allegations of violating both Section 1 of the Sherman Act and Section 3 of the Clayton Act.
• Represented a national health care organization in antitrust litigation relating to a competing entity’s efforts to block physicians from participating in a new health plan.
• Represented a national frozen foods manufacturer in multidistrict class-action antitrust litigation arising out of allegations of a nationwide conspiracy to allocate markets and fix prices in a packaged-food category.
• Represented a national property and casualty insurer in antitrust litigation in which plaintiffs alleged that leading insurers conspired to suppress reimbursements on property casualty claims.

Commercial Litigation & Class Actions

Throughout his career on behalf of clients from a variety of industries, Eli has served as trial counsel in complex litigation and class actions across the United States as well as in cross-border arbitrations.

Commercial Litigation & Class Action Experience

• Represented an international air carrier in a putative class action arising out of alleged violations of DOL regulations.
• Represented a foreign entity in derivative litigation filed in New York state court, in which shareholders challenged the validity of spin-off transactions, seeking nearly $1 billion in damages.
• Represented a national financial institution in litigation related to scraping and aggregating member data made available through the institution’s website and app.