Lindsey R. Camp
+1.404.817.8439
Overview
Lindsey R. Camp is a trial attorney in Holland & Knight's West Palm Beach and Atlanta offices and a member of Holland & Knight's Chambers-recognized ERISA Litigation Team. Ms. Camp helps companies navigate the most complex challenges in employee benefits litigation with clarity, confidence and strategic insight. She represents plan sponsors, fiduciaries and boards in high-stakes Employee Retirement Income Security Act of 1974 (ERISA) class actions and regulatory enforcement matters. Clients rely on her not only for her courtroom experience but also for her practical, business-minded guidance that helps minimize risk in the administration of defined contribution and health and welfare plans.
A seasoned trial attorney, Ms. Camp has successfully defended numerous ERISA class actions involving breach of fiduciary duty, prohibited transactions, excessive fee claims and plan termination disputes. Her litigation experience spans federal courts, arbitration panels and appellate forums nationwide.
In addition to her litigation practice, Ms. Camp advises clients on proactive strategies to reduce fiduciary exposure, respond to government investigations and align benefit plan operations with evolving legal standards. She works closely with in-house counsel, benefits professionals and external advisors to deliver solutions that support long-term business goals.
Ms. Camp is also a recognized thought leader in the field, regularly publishing and speaking on ERISA litigation trends, fiduciary risk mitigation and regulatory developments.
Representative Experience
- Defending multiple plan sponsors and plan fiduciaries against claims for breach of fiduciary duty and violation of ERISA’s prohibited transaction rules and anti-inurement provision based on the handling of forfeited employer contributions to 401(k) defined contribution plans to reduce future employer contributions
- Defending multiple 401(k) plan sponsors and plan fiduciaries against claims that the plans offered imprudent investments (including by offering target date mutual funds rather than the collective trust versions of the allegedly same funds), charged excessive recordkeeping fees, allowed participants to be charged excessive fees for managed-account services and improperly used forfeited employer contributions to defray the costs associated with future employer contributions
- Defending plan sponsor against claim that a 401(k) defined contribution plan maintained imprudent investments in violation of ERISA, including the plan’s guaranteed interest account
- Defending plan sponsor against claims that its tobacco-free and COVID-19 vaccination wellness program violates ERISA Section 702
- Defending an enforcement action brought by the U.S. Department of Labor (DOL) against the plan sponsor of an employee stock ownership plan (ESOP), as well as its board of directors and selling shareholders, alleging violations of ERISA in connection with the formation of the ESOP and sale of stock in the plan sponsor to the ESOP; in particular, the DOL alleges that the independent trustee engaged to represent the ESOP in connection with the sale of the stock to the ESOP failed to perform sufficient diligence and relied upon a flawed stock valuation in violation of its ERISA fiduciary duties when it approved the stock transaction at a price that the DOL alleges was tens of millions of dollars too high and that the ESOP was damaged as a result; the DOL further alleges that company's board of directors violated ERISA by allegedly failing to monitor the independent fiduciary and by enabling and otherwise participating in the trustee's breach of ERISA fiduciary duties
- Defending a putative class action lawsuit filed against the plan sponsor of an ESOP, its board of directors and other alleged fiduciaries accused of violating ERISA in connection with the termination of the ESOP and subsequent sale of the plan sponsor's assets to a private equity group; in particular, plaintiffs allege that the valuation used in purchasing the company stock held by the ESOP was too low and that the ESOP's participants suffered millions of dollars in damages as a result of defendants' actions
- Representing the plan sponsor and plan fiduciaries of a 401(k) defined contribution retirement plan against claims that the sponsor allowed investment options to be included in the plan that charge excessive fees
- Defended the independent board member of an ESOP-owned company accused of violating fiduciary duties under ERISA in connection with the administration and the termination of the ESOP; case settled on favorable terms with no monetary contribution from the board member
- Defended client against the trustees of a large, multi-employer pension plan (Plan) alleging that the client violated ERISA and breached the parties' Investment Management Agreement (IMA) when it invested approximately $115 million of Plan assets into proprietary funds managed by the client; the Plan's trustees also assert that the client violated the most-favored nations provisions of the IMA when it failed to apply more favorable management and performance fee terms to the Plan's investments; the trustees are seeking in excess of $8 million for alleged harm to the Plan; the client denies any violations of ERISA or the IMA and contends that the investment of Plan assets into the client's proprietary funds was done with the approval and direction of the Plan's trustees; the client filed a counterclaim against the Plan's trustees on the grounds that any alleged violation of ERISA was done with the full knowledge and consent of the trustees and, as such, the trustees should be held jointly and severally liable with the client for any alleged harm to the Plan
- Represented multiple clients, as well as their medical benefits plans, against ERISA breach of fiduciary duty, ERISA benefits and California unfair competition claims arising out of each plan's denial or partial denial of claims for services provided by out-of-network medical providers; prevailed on motions to dismiss, which was affirmed on appeal
- Achieved a landmark resolution in a putative ERISA class action, resulting in certification of a non-opt-out settlement class and dismissal of all claims with prejudice – without any payment or consideration from defendants to class members or plaintiff’s counsel; case involved allegations that the ESOP's stock valuation during its termination and benefit distribution was undervalued, causing significant participant losses; the court appointed an independent valuation expert as special master to assess the stock's fair market value; following a comprehensive valuation process, the expert concluded the ESOP received at least fair market value, finding no damages to class members
- Represented a national airline in a putative class action in which the plaintiff asserted that the client's Consolidated Omnibus Budget Reconciliation Act (COBRA) enrollment and eligibility notices failed to comply with DOL regulations; DOL filed an amicus brief for the first time on evolving and disputed notification issue that supported defendant’s position; federal district court recognized appellate court had "not directly addressed" the issue, expressly declined to follow decisions that allowed claims to proceed and granted motion to dismiss before plaintiff dismissed claims with prejudice without settlement
- Represented multiple clients, as well as their medical benefits plans, in a mass action alleging ERISA breach of fiduciary duty, ERISA benefits and various state law claims; all claims were dismissed with prejudice without the clients paying anything
- Represented a client, its board of directors and several officers against claims that they breached their fiduciary duties under ERISA, breached corporate fiduciary duties, and engaged in federal and state securities fraud; after defeating the motion for class certification, obtained summary judgment on the claims asserted by all named plaintiffs except one, who elected to dismiss with prejudice his ERISA claims and proceed to trial on his federal securities claims only; the case was tried over a two-week period, which was later affirmed on appeal for a small fraction of the original amount at stake
- Represented a client and several of its former officers and directors in an ERISA derivative action brought on behalf of the company's employee stock bonus plan and hundreds of the plan's participants; successfully argued to the district court that the plaintiffs could not represent the plan and absent plan participants, and could only proceed on their individual claims; ultimately prevailed on summary judgment on four of the five named plaintiffs' claims and settled the last plaintiff's claim for a fraction of the alleged damages
- Defended a client and several of its officers and directors in a lawsuit filed by its former chief financial officer, who alleged securities fraud and various violations of ERISA related to his sale of common stock back to the company; obtained a complete jury verdict in the clients' favor; the verdict was affirmed by the U.S. Court of Appeals for the Eleventh Circuit
- Defended a client and several of its officers and directors in a lawsuit brought by the U.S. Securities and Exchange Commission (SEC) in which the SEC alleges the clients defrauded shareholders out of more than $110 million; the SEC moved for summary judgment on collateral estoppel grounds and defeated that argument; the case settled for a fraction of the amount sought on the eve of trial
- Represented the primary defendant in very contentious lawsuit filed in the U.S. District Court for the District of Kansas, as well as in a related DOL investigation; client was the former owner and CEO of a hospice who established the 401(k) Profit Sharing Plan and served as the Plan's initial trustee; client later sold the business, repurchased it and sold it a second time; after the second sale, the newly installed trustees of the Plan brought more than a dozen claims against the client accusing him of stealing Plan money, breaching various ERISA fiduciary duties, engaging in a prohibited transaction with the Plan, failing to advise participants of their rights under the Plan and other alleged misconduct; DOL also initiated an investigation of the Plan's administration by the client; successfully dismissed several claims against the client, and the case settled on favorable terms thereafter
- Representation of the majority of the board of directors of a major sugar corporation and in putative ERISA and shareholder class actions involving alleged breaches of fiduciary duties; obtained summary judgment on all but one of the claims, and the cases ultimately settled on favorable terms for the clients
- Represented numerous clients involved in DOL investigations and audits
- Defended several plans and plan sponsors in an ERISA action alleging loss of benefits and breach of fiduciary duty claims related to the administration of medical benefits plans and reimbursement of out-of-network medical expenses
- Represented medium and large organizations in federal litigation involving ERISA and a variety of employment-related claims, including non-compete issues, Fair Labor Standards Act (FLSA), Section 1981 and Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA) and Age Discrimination in Employment Act (ADEA)
Credentials
Education
- Wake Forest University School of Law, J.D.
- Vanderbilt University, B.S.
Bar Admissions/Licenses
- Florida
- Georgia
Court Admissions
- Florida Supreme Court
- Supreme Court of Georgia
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Northern District of Alabama
- U.S. District Court for the Middle District of Alabama
- U.S. District Court for the Northern District of Georgia
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Eastern District of Michigan
- U.S. Supreme Court
Memberships
- American Bar Association, Tort Trial and Insurance Practice Section (TIPS), Employee Benefits General Committee, Vice Chair, 2024-2025
- National Center for Employee Ownership (NCEO)
- The ESOP Association
- The Florida Bar
- State Bar of Georgia
Honors & Awards
- The Legal 500 USA, Labor and Employment – ERISA Litigation, 2021, 2022, 2024, 2025
- Holland & Knight Rising Star, Class of 2025