Robert Lesko
Partner | Litigation
robert.lesko@pierferd.com
+1.973.714.0340 cell
+1.973.453.5872 office
New York | Princeton
About
Rob is a commercial litigator with more than 25 years of experience. His singular focus in all engagements is to ensure “success” as defined by the client, including fidelity to budgets and avoidance of surprises. He incorporates legal project management and process improvement skills, close collaboration with clients, careful initial planning, and continuous monitoring and measurement of performance to fully understand and faithfully meet client objectives and satisfy expectations in all cases.
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Areas of Focus
Commercial & Contracts Litigation
Rob represents diverse businesses in domestic and international litigation and arbitration involving a variety of commercial disputes, such as alleged unfair business practices, intellectual property infringement, sale of goods (UCC), consequential damages, non-compete agreements, supply contracts, distributorship and various other contractual disputes. He also represents clients in connection with complex fraud claims. Rob’s clients range from large multinational manufacturers to small and mid-sized domestic businesses.
Benefits and Insurance Litigation (Life, Health, Disability & ERISA)
Rob served as a co-chair of the Life, Health, Disability & ERISA practice of a leading AmLaw 100 law firm before joining Pierson Ferdinand. Rob represents employers, insurers, fraternal benefits societies, employee benefit plans, plan fiduciaries and third-party administrators in connection with disputes relating to employee benefits (life, health and disability, pension and others) arising under both common law and the Employee Retirement Income Security Act (ERISA). Rob’s extensive litigation experience includes representing the insurance industry in connection with the prosecution of fraud and STOLI schemes and the defense of sales practices litigation throughout the country. He also represents the industry in employment and agency contract disputes. Based on this experience, Rob serves by appointment as a member of the Board of Directors – Concordia Plan Services and Board of Trustees – Concordia Plans (including a defined benefit plan, defined contribution plan, health plan and life and disability plans). Concordia is the employee benefits provider for more than 6,000 Lutheran Church – Missouri Synod congregations, schools, universities and other organizations in the United States and in mission fields worldwide.
Employment
Rob has represented employers and management in connection with all manner of employment-related disputes under federal, state and municipal laws, including alleged adverse employment actions based on disability, gender, age and other protected classifications; whistleblower/retaliation claims; wage-and-hour claims; and contractual disputes such as non-compete and confidentiality agreements, among others.
Consumer Securities Litigation
Rob has extensive experience representing issuers, broker-dealers and registered representatives in litigation concerning the sale and performance of retail consumer financial products, including mutual funds, variable life insurance and annuity products and brokerage accounts, before courts and regulatory boards such as the Financial Industry Regulatory Authority (FINRA). He has served successfully as lead counsel in numerous arbitrations involving the sale and administration of variable insurance products and mutual funds from New York to California.
Stop Loss & Catastrophe Health Insurance Litigation
Stop loss and catastrophe health insurance products are unique in their function and often not well understood in the legal community. Rob has litigated numerous claims under catastrophe and stop loss policies and has a thorough understanding of these products and the legal and regulatory schemes under which they operate.
Warranty Litigation
Rob represents specialty underwriters and warranty providers, including claims asserted in connection with credit card benefits programs and consumer warranties.
Practices
Arbitration and Mediation
Civil Pretrial and Trial Services
Commercial Litigation
Employment and Labor
Insurance
Life Health Disability & ERISA
Litigation and Risk Management
Admissions
New York
New Jersey
Pennsylvania
Education
Pepperdine University School of Law, JD, 1993
Muhlenberg College, BA, 1990
Experience
FisherBroyles, LLP
Wilson Elser Moskowitz Edelman & Dicker LLP
McCarter & English LLP
Representative Transactions
Secured rescissions without refund of premiums, and in some cases payment of attorneys fees, on behalf of major national life insurer prosecuting claims for rescission and damages arising out of complex fraud schemes inducing insurer to issue multiple large life insurance policies on the lives of individuals far exceeding rational indemnity limits based on actual income and net worth, which policies ultimately inured to the benefit of persons and entities lacking bona fide insurable interest (STOLI litigation).
Won summary judgment awarding to major national life insurer reimbursement of nearly $2 million of overpaid life insurance benefits.
Secured Third Circuit reversal of New Jersey District Court order denying ERISA plan’s and claim administrator’s motion for summary judgment regarding denial of continuing disability benefits and granting claimant’s cross-motion for summary judgment.
Secured Second Circuit reversal of New York Southern District Court order denying ERISA plan’s and claim administrator’s motion for summary judgment regarding denial of continuing disability benefits and granting claimant’s cross-motion for summary judgment.
Obtained award of summary judgment in New Jersey Superior Court on behalf of stop loss insurer with respect to claim by employer and plan sponsor that unilaterally paid benefits under self-funded group health plan contrary to the terms and provisions of the plan.
Presentations and Teaching Experience
Deposition Techniques and Training
September 24, 2019
110th Annual Education Conference of the International Claims Association
Life Insurance and AD&D Update
May 2019
Eastern Claims Conference
Enforcing Time Limits
April 13, 2018
DRI’s Life, Health, Disability and ERISA seminar
Deposition Witness Seminar and Worship
September 19, 2017
International Claim Association 108th Annual Education Conference
Complaint Files & Depositions
October 25, 2016
Insurance Consumer Affairs Exchange (ICAE Annual Exchange)
Rescission Mechanics and Pitfalls
September 2014
ICA Annual Education Conference
Overcoming Association Counsel’s Inherent Ethical Challenges – Easier Said than Done
June 2014
Association of Fraternal Benefits Counsel (AFBC)
Unclaimed Property Litigation Update
October 2013
ICA Annual Education Conference
The Fraternal Difference
October 2013
ICA Annual Education Conference
Understanding the Boundaries: Avoiding the Unauthorized Practice of Law
February 2013
Paralegal Association of Wisconsin, Fox Valley Chapter
Initial Claims Procedures: Questions of Eligibility and Rescission
November 2012
Customized Client Training Seminar
STOLI Update
October 2012
ICA Annual Education Conference
The Insurance Professional’s Role in the Prevention and Detection of Fraud
October 2012
ICA Annual Education Conference
Insurance Fraud Act Training
December 2011
Customized Client Training Seminar
Deposition Workshop
October 2011
Customized Client Training Seminar
Developments in Stranger-Originated Life Insurance Litigation
September 2011
ICA Annual Education Conference
Mental Health and Subjective Disorder Disability Claims: Assessing Conditions, Treatment Modalities, and the Impact on the Case
June 2010
13th Annual National Advanced Forum on Litigating Disability Insurance Claims, American Conference Institute
Suitability of Life Insurance Company Products: A Sea of Change
November 2009
Customized Client Training Seminar
Stranger-Originated Life Insurance: Strategies Deployed and Lessons Learned
October 2009
International Claims Association Annual Education Conference
The Impact of MetLife v. Glenn on the Standard of Review and Discovery
June 2009
American Conference Institute’s 12th Annual Advanced Forum on Litigating Disability Insurance Claims
Solutions to Complex Life and Annuity Beneficiary Issues
March 2009
Eastern Claims Conference
Deal or No Deal: Hot Topics in ERISA Litigation, Presentation and Paper
September 2008
ICA Annual Education Conference
Anything and Everything You Wanted to Know About Beneficiary Designations, Panel Discussion
September 2008
ICA Annual Education Conference
ERISA Litigation Basics
March 2008
Internal Firm Training Seminar
Insurance Fraud: The Insurance Professional’s Role in Detection and Prevention of Fraud
March 2008
Customized Client Training Seminar
Legal Aspects of Complex Death Claims, Presentation
September 2007
ICA Annual Education Conference
The Missing Insured: A Guide for Handling Claims for Death Benefits Where the Insured Is Missing presented and published in connection with ICA Annual Education Conference, September 2007
Attorney-Driven Claims: Potential Pitfalls and Solutions
September 2007
Customized Client Training Seminar
Publications
Co-Author, Insurance Law Practice, Third Edition, Chapter 31, Disability Insurance, NYSBA 2019
Raising the Stakes: Offsetting Costs and Fees Incurred to Rescind Life Insurance Policies
DRI: For the Defense
August 2017
Third Circuit Rules Failure to Disclose Deadline to File Suit in Denial Letter Warrants Setting Aside Limitations of Suit
Provision in Plan Disclosure of Deadline to File Suit in Denial Letter
September 1, 2015
Now binding law in the Third Circuit, all denial letters must include the plan-imposed suit limitation deadline, if any. Failure to include the deadline will result in application of the most analogous limitations period imposed under state law, which in New Jersey is the six-year statute of limitations applicable to breach of contract actions.
Disgorgement of Profits Not Available for Arbitrary and Capricious Benefits Denial – This Time
Wrongful Denial of Employee Benefits
March 24, 2015
The Sixth Circuit has determined that wrongful denial of employee benefits will not expose plan fiduciaries to equitable remedies – such as disgorgement of profits – where restoration of benefits is adequate to make the claimant whole. But disgorgement might still be available to redress separate and distinct injuries.
A Pre-answer Motion to Deposit Funds
December 11, 2014
Life, Health, Disability & ERISA Newsletter
Insurance Fraud & Group Policy Limitations
February 2010
Raising the Stakes for Insurance Fraud: Offsetting Costs and Fees Incurred to Investigate and Rescind Life Insurance Policies
ICA News
Winter 2009/2010
“Third Circuit Upholds Life Insurer’s Right to Approve Reinstatement,”
ICA News
Spring 2008
“The Missing Insured: A Guide for Handling Claims for Death Benefits Where the Insured Is Missing,”
ICA News
Fall 2007
“Pinto v. Reliance Standard Life Ins. Co.: The Third Circuit Adopts the Sliding Scale Approach to Conflicts of Interest in ERISA Cases”
TIPS Committee News
Fall 2000
“By Lawsuit or by Letter: Rescission of Insurance Policies Governed by ERISA”
Life Health and Disability News
Spring 2000