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    1. Home
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    3. Charles M. DykePeople
    1. Home
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    3. Charles M. DykePeople

    Charles M. Dyke

    Partner / Leader, ERISA Litigation Practice


    • San Francisco
    • Office415.984.8315
    • cdyke@nixonpeabody.com
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    Introduction

    Charles (“Chuck”) Dyke leads the firm’s ERISA Litigation practice. His experience includes defending ERISA “fees and investments” class actions, defending other complex ERISA breach of fiduciary duty claims, prosecuting fraud claims on behalf of plan fiduciaries against unscrupulous service providers, litigating pension plan termination cases, and handling ERISA appellate matters. Chuck recently defended at trial large ERISA breach of fiduciary duty and pension underfunding claims. Chuck has been recognized as a “Northern California Super Lawyer” each year since 2007 and is listed in Best Lawyers in America. Chuck speaks and writes on ERISA litigation topics.

    Practice Areas

    ERISA LitigationEmployee Benefits & ERISALabor & EmploymentAppellate

    My focus

    I defend sponsors and fiduciaries in ERISA class actions and other complex ERISA cases, prosecute claims on behalf of fiduciaries and plans against service providers, and defend liability claims under complex legacy benefit programs.

    I have handled or participated in ERISA appeals in the U.S. Supreme Court and the U.S. Courts of Appeals.

    For the first two years of my legal career, I worked as a staff attorney at the PBGC on the agency’s Early Warning Program legal team.

    Representative experience

    Representative ERISA and other benefits litigation 

    • Kistler v. Stanley Black & Decker, Inc. et al., No. 22-cv-0966 (D. Conn.). Defend Stanley Black & Decker, Inc. and related parties against ERISA breach of fiduciary duty class action asserting claims for “excessive fees” and “imprudent investments.”
    • Gotta v. Stantec Consulting Services, Inc. et al., No. 20-cv-1866 (D. Ariz.). Defend Stantec Consulting Services, Inc. and related parties against ERISA breach of fiduciary duty class action asserting claims for “excessive fees” and “imprudent investments.”
    • Sacerdote v. Cammack LaRhette Advisors, LLC,No. 17-cv-8834 (S.D.N.Y.). Defend fiduciary advisory firm against ERISA “fees” and “investments” class action involving certain 403(b) plans of New York University.
    • Wright v. Elton Corp. et al, No. 17-cv-0286 (D. Del.). Defend du Pont family members at trial against ERISA breach of fiduciary duty and funding claims. Awaiting post-trial decision.
    • Short v. Brown University, No. 17-CV-318 (D.R.I). Defended university against breach of fiduciary duty class action alleging excessive fees and imprudent investments in the university's 403(b) retirement plans. Obtained lowest settlement to date in university 403(b) cases.
    • ILWU-PMA Welfare Plan v. M&S Pharmaceuticals, No. 21STCV11583 (Cal. Sup. Ct.). Represent large welfare plan in fraud action against pharmacies and physicians over prescription drug fraud scheme.
    • ILWU-PMA Welfare Plan v. Ahmad, No. 19LBCV00187 (Cal. Sup. Ct.). Represent large welfare plan in fraud action against physician and pharmacies over prescription compound drug fraud scheme.
    • ILWU-PMA Welfare Plan v. RxUnlimited, No. BC670620 (Cal. Sup. Ct.). Represent large welfare plan in fraud action against pharmacy and physician over prescription compound drug fraud scheme.
    • Rollins v. Dignity Health et al. (N.D. Cal.). Defended Catholic-affiliated health care system against challenge to the “church plan” status of its large retirement plan and against related claims alleging breach of fiduciary duty, pension underfunding, and reporting and notice violations.
    • Fifth Third Bancorp v. Dudenhoeffer, 134 S.Ct. 2459. Counsel of record for amicus filing in Supreme Court on behalf of ESOP Association arguing in favor of a rule under which ERISA’s duty of investment prudence would not require ESOP fiduciaries to act in response to share-price fluctuations in publicly traded employer stock.
    • Golden Gate Restaurant Association v. City and County of San Francisco, 130 S.Ct. 3497. ERISA preemption challenge to San Francisco health care ordinance. Brought in as counsel of record for Golden Gate Restaurant Association during certiorari stage.
    • UNUM Life Ins. Co. v. Ward, 526 U.S. 328. Participated in certiorari and merits briefing.
    • Paulsen v. CNF, Inc., 559 F.3d 1061 (9th Cir.). Represented CNF in plan funding and Title IV issues in litigation over spin-off transaction.
    • United Steelworkers of America v. United Engineering, Inc., et al., 52 F.3d 1386 (6th Cir.). Wrote prevailing brief in Sixth Circuit.
    • Chao v. Malkani (4th Cir.). Obtained dismissal of appeal for lack of appellate jurisdiction.
    • Aloha Airlines v. Pension Benefit Guaranty Corporation et al. (Bankr. D. Haw. & D. Haw.) Successfully tried distress termination case in bankruptcy court for airline against PBGC and unions in connection with four underfunded defined benefit pension plans. Prevailed in district court when expedited appeal by PBGC was taken.
    • Perez v. GreatBanc Trust Co., Sierra Aluminum Co. et al. (C.D. Cal.). Represented valuation firm, ESOP sponsor, and selling shareholders in DOL litigation over ESOP valuation in stock purchase transaction; defeated DOL claim challenging indemnification agreement under ERISA § 410; successfully represented valuation firm against prohibited transaction charges during DOL investigation.
    • In re Heller Ehrman LLP (Bankr. N.D. Cal.). Represented law firm’s retirement plan and plan administrator against asserted claims by bankruptcy estate’s creditors that partners’ $12 million contribution to plan 10 months prior to bankruptcy petition constituted recoverable fraudulent conveyance. Persuaded claimants to formally abandon claims in bankruptcy court.
    • Evanson v. Price, (E.D. Cal.). Represented trustees of ESOP in substantial breach of fiduciary duty litigation under ERISA against ESOP’s previous trustees.
    • Lockyer v. PipeVine, Inc. (California Superior Court, County of San Francisco). Successfully represented receiver for defunct San Francisco charitable organization in pension funding matters against former parent entity and in termination liability and excise tax matters against PBGC and IRS.
    • Mentz v. Wells Fargo Bank N.A., et al. (District Court of Texas, Harris County, 281st Judicial District). Represented Wells Fargo Bank against state law claims in series of cases over its service as directed trustee of an IRC § 419(f) plan that the IRS disqualified. Achieved highly favorable settlement after deposing plaintiffs.
    • Baackes v. Kaiser Foundation Health Plan, Inc. (N.D.N.Y.). Defeated claims for misrepresentation and equitable estoppel, and obtained order requiring participant to repay $725,000 pension plan overpayment.

    Insights

    • “Top Five 401(k) Plan Administration Issues That Are Litigated in ERISA Class Actions,” Nixon Peabody 2023 California MCLE Virtual Seminar, January 19, 2023

    Admitted to practice

    California
    Illinois
    District of Columbia
    U.S. Supreme Court
    U.S. Court of Appeals, First Circuit
    U.S. Court of Appeals, Second Circuit
    U.S. Court of Appeals, Fourth Circuit
    U.S. Court of Appeals, Seventh Circuit
    U.S. Court of Appeals, Ninth Circuit
    U.S. District Court, Central District of California
    U.S. District Court, Eastern District of California
    U.S. District Court, Northern District of California
    U.S. District Court, Northern District of Illinois

    Education

    Georgetown University Law Center, LL.M.
    DePaul University College of Law, J.D., Managing Editor, DePaul Law Review
    University of Maryland, B.S.

    Professional activities

    • Bar Association of San Francisco
    • American Bar Association
    • Federal Bar Association
    • American Bankruptcy Institute Employee Benefits Committee (past co-chair)

    Recognition

    • Charles was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Litigation—ERISA. He was named the Best Lawyers® 2021 Litigation—ERISA “Lawyer of the Year” in San Francisco, CA. Charles has been listed in Best Lawyers since 2013.
    • Chuck has been recognized as a “Super Lawyer” by the Northern California Super Lawyer Magazine since 2007 in the area of commercial litigation.

    Insights And Happenings

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    • Event

      2023 California MCLE virtual seminar

      Jan 18, 2023
    • Press Release

      The Best Lawyers in America© names 14 Nixon Peabody attorneys as “Lawyers of the Year” for 2021

      Aug 20, 2020
    • Press Release

      Sixteen Nixon Peabody attorneys named “Lawyers of the Year” by The Best Lawyers in America© for 2019

      Aug 15, 2018
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