Eben Colby’s practice involves a wide range of large-scale and complex commercial, corporate and regulatory matters, with a particular focus on representing mutual fund companies and other asset management businesses.
Mr. Colby has litigated in state and federal courts, trial and appellate, around the United States, regulatory and administrative proceedings, and private arbitrations and mediations. Mr. Colby’s notable matters include:
- claims brought under the Employee Retirement Income Security Act (ERISA), including securing judgment on claims against a large asset manager alleging violations of ERISA by including proprietary mutual funds in its 401(k) plan;
- obtaining a jury verdict in a Massachusetts business court in favor of a large asset manager and fiduciary trust company in an action brought by a former executive involving deferred compensation and other claims, including successfully obtaining a jury finding that the former executive breached fiduciary duties;
- representing a special committee of the board of directors of a large custody bank in an independent investigation of pay-to-play allegations;
- defending large asset management firms and their employees in SEC insider trading investigations as well as conducting independent investigations into potentially improper conduct by portfolio managers and others;
- securing summary judgment dismissal, affirmed on appeal, of state court fraud, breach of fiduciary duty and other claims against an investment adviser brought by a state employees’ retirement system;
- representing mutual fund firms in a broad range of investigations and enforcement actions by the SEC, the DOJ, and state and self-regulatory agencies;
Mr. Colby is active in various pro bono matters. He was awarded the 2013 Women’s Bar Foundation Pro Bono Award for his work in abuse prevention cases for clients in crisis due to domestic violence.
Mr. Colby also led a Skadden team in a consortium of firms representing Indian welders and pipefitters brought to the Gulf Coast after Hurricanes Katrina and Rita in the nation’s largest-ever labor trafficking suit, obtaining a historic settlement valued at over $20 million as well as apologies from the perpetrators of the scheme to its victims.
In 2015, Skadden was among those honored with the “Global Citizenship Award (Grand Prize)” at The American Lawyer “Global Legal Awards” for representing Indian guest workers in the largest series of labor trafficking cases in U.S. history.
- J.D., University of Connecticut School of Law, 2001 (with honors)
- B.A., Georgetown University, 1998
- U.S. Court of Appeals for the First and Fourth Circuits
- U.S. District Courts for Massachusetts and Maine
Experience : Law Clerk to the Hon. William J. Sullivan, Chief Justice, Connecticut Supreme Court (2001-2002)
Associations : Co-Chair, Boston Bar Association, Financial Services Section
Rate : $$$