(Bloomberg) They’ve Got Next: The 40 Under 40 - Colleen Smith ’15 of Stris & Maher

Colleen Smith
Age: 37
Law Firm: Stris & Maher
Practice Area: Litigation
Title: Partner
Location: Boise, Idaho
Law School: William & Mary Law School
Please describe two of your most substantial, recent wins in practice.
In Knight v. IBM Personal Pension Plan, I took responsibility for reviving a nationally significant Employee Retirement Income Security Act case after it was dismissed at the district court level, leading the appellate briefing and successfully arguing the appeal before the Second Circuit.
The case alleged that IBM shorted retirees by using outdated mortality tables to calculate pension benefits—systematically underpaying married participants and beneficiaries by underestimating their life expectancy. The litigation also implicated a critical threshold question: What constitutes “actual knowledge” sufficient to trigger ERISA § 413(2)’s three-year limitations period, an issue left open by the Supreme Court in Intel Corp. Investment Policy Committee v. Sulyma. The district court had dismissed on limitations grounds, extinguishing the claims of thousands of putative class members. Left uncorrected, the ruling held implications well beyond the case.
I persuaded the Second Circuit to vacate the dismissal just two weeks after oral argument—an unusually swift decision that reflects the strength of our position. The ruling revived thousands of putative class members’ claims and helped shape early circuit interpretation of Sulyma’s “actual knowledge” standard.
I also co-led the Casino Queen ESOP Litigation with co-counsel from Cohen Milstein, securing a large settlement for thousands of employees whose retirement savings were depleted when the owners of a St. Louis casino sold the business to an employee stock ownership plan. The result came after years of hard-fought discovery, defeating seven dispositive motions, two Seventh Circuit appeals, and key depositions I personally conducted.
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