Monica I. Perkowski
Associate
Monica I. Perkowski
+1.404.898.8115
Overview
Monica I. Perkowski is a litigation attorney in Holland & Knight's Atlanta office. Ms. Perkowski focuses her practice on complex commercial litigation and dispute resolution.
Ms. Perkowski has substantial experience in all aspects of complex litigation, including fact discovery, expert discovery, motions practice, trials and appeals. She has developed expert witnesses, prepared company witnesses for deposition, first-chaired numerous depositions, and drafted dispositive motions and appellate briefs.
Prior to joining Holland & Knight, Ms. Perkowski was an associate at a large international law firm in New York, where her practice focused on complex commercial litigation with a particular concentration in pharmaceutical product liability and mass tort matters.
Representative Experience
- Defended a lawsuit filed by the secretary for 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 Employee Retirement Income Security Act of 1974 (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
- Defended an agricultural company against claims that it improperly denied retirement benefits under its ERISA-governed pension plan; obtained summary judgment on all claims
- Representing companies in appeals in the U.S. Court of Appeals for the Fifth, Sixth and Eleventh Circuits regarding the enforceability of benefit plan arbitration provisions
- Represented a pharmaceutical company in lawsuits concerning its intrauterine permanent birth control device in a consolidated federal proceeding in the U.S. District Court for the Eastern District of Pennsylvania and in the Philadelphia Court of Common Pleas
- Represented a pharmaceutical company as lead appellate counsel in a Pennsylvania mass tort litigation claiming personal injury from the use of a prescription atypical antipsychotic medication
- Represented a pharmaceutical and biotechnology company as U.S. national counsel regarding any product liability issues relating to its COVID-19 vaccine
- Represented a pharmaceutical company as national counsel in lawsuits in a federal multidistrict litigation (MDL) and in state courts across the country concerning its prescription opioid pain medications, including OxyContin
- Represented a processor as national and trial counsel in a high-profile environmental toxic tort litigation, including defending individual and class action complaints involving medical monitoring and property damage claims in New York, New Hampshire and Vermont
- Defended a healthcare provider against claims that it retaliated against the plaintiff in violation of the First Amendment when it terminated her employment after she revealed Health Insurance Portability and Accountability Act (HIPAA)-protected information; defeated all claims on a motion to dismiss
- Representing a healthcare provider in arbitration against a national insurance company on claims that the insurance company breached the provider agreement by failing to reimburse for COVID-19-related services provided to its insureds
Credentials
Education
- Temple University, Beasley School of Law, J.D., summa cum laude
- Duke University, B.A.
Bar Admissions/Licenses
- Georgia
- New York
- Pennsylvania
Court Admissions
- U.S. Supreme Court
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Eastern District of Pennsylvania
- All State Courts in Georgia
- All State Courts in New York
- All State Courts in Pennsylvania
Memberships
- Temple Law Review, 2016-2017
- Jessup International Moot Court Society, Temple University Beasley School of Law, 2016-2017
- Atlanta Bar Association
Spoken Languages
- Polish