Jacob Rhode assists clients with litigation and dispute resolution, helping develop and implement strategies to successfully resolve corporate disputes.
Jacob primarily works on complex commercial and financial services litigation and class actions, and also focuses on defending ERISA fiduciary duty and other related claims. He also has experience with contract and insurance disputes, fraud and business torts, and False Claims Act and qui tam litigation. Jacob is also a member of KMK’s Cybersecurity & Privacy team, and assists clients with related cybersecurity preparedness and breach issues.
Representative Work
Defended ERISA fiduciaries in 15-week bench trial against claims seeking over $200 million and arising under ERISA Sections 404, 405, and 406, resulting in a judgment for defendants on all claims
Defended putative class action alleging nuisance by client’s plant, resulting in successful denial of class certification and subsequent settlement
Defended majority shareholder in jury trial against breach of fiduciary duty claim seeking over $30 million, resulting in a judgment for defendant
Represented large financial institution in ERISA benefits dispute
Defended large financial institution against claims for breach of contract, breach of fiduciary duty, and negligence, resulting in summary judgment for defendant on all claims
Defended trustee of residential mortgage backed securities in bench trial against claims seeking approximately $100 million, resulting in judgment for defendant on all claims
Obtained successful judgment on behalf of financial institution lender in adversary proceeding that $1.7 million debt was non-dischargeable under 11 U.S.C. §523
Defended and helped successfully resolve multiple putative class actions against various large insurance companies
Defended putative class action alleging improper and excessive surcharges, resulting in a judgment for defendant that was subsequently affirmed on appeal
Defended institutional trustee against breach of trust claims
Represented large financial institution pursuing claims for breach of financing and guaranty agreements and defending counterclaims for breach of contract and violation of the duty of good faith and fair dealing
Represented owner of closely held corporation pursuing claims for breach of fiduciary duty and breach of close corporation agreement
Defended trustees and executors against RICO, breach of fiduciary duty and other state law claims
