Since 2005, Michelle Roberts has been a successful advocate for disabled individuals and employees. Ms. Roberts specializes in claims for benefits under the Employee Retirement Income Security Act (ERISA), specifically claims for disability benefits. Ms. Roberts has helped numerous clients obtain short- and long-term disability benefits from insurance companies that had wrongfully denied their claims.
In addition to her advocacy for disabled individuals, Ms. Roberts is a member of the Women Lawyers of Alameda County (WLAC), the California Employment Lawyers Association (CELA), and the Consumer Attorneys of California (CAOC). In 2007, Ms. Roberts was recognized by CELA as a distinguished CELA lawyer. In 2012, Ms. Roberts was named a Northern California SuperLawyers Magazine, “Rising Star.”
Publications and Speaking Events
- Author of "Like stealing candy from a baby: ERISA offsets" published by the Daily Journal on March 15, 2013.
- Co-author of "ERISA not likely to preempt state pregnancy leave law" published by the Daily Journal on November 30, 2012
- Author of “Lies” My Opposing Counsel Told Me about Amara: The Perspective of a Plaintiffs’ Attorney for the ABA’s Employee Benefits Committee Newsletter; Winter 2011.
- Rewrite Editor of the 2009 Cumulative Supplement of Employee Benefits law, 2nd Ed.
- Contributing Author, EMPLOYEE BENEFITS LAW, Third Edition
- Contributing Author, EMPLOYEE BENEFITS LAW, Chapter 20: Ethics, Privilege, and Related Concerns in the Practice of Benefits Law (BNA 2009, 2010, 2012 Supplement).
- Contributing Author, EMPLOYEE BENEFITS LAW, Chapter 13: Benefit Claims and Individual Rights (BNA, 2006, 2007, and 2008 Supplement).
- Co-author of the Supreme Court Summary of Metropolitan Life Ins. Co. v. Glenn, published by the ABA’s Section of Labor & Employment Law on August 8, 2008.
- Assisted in the preparation of the brief amicus curiae of the National Employment Lawyers Association in LaRue v. DeWolff, Boberg & Associates, Inc., et al., 127 S.Ct. 2971 (2007) (brief available at 2007 WL 2287651).
- *E*verything *R*eally *I*sn't *S*o *A*wful - an Overview of the Current Landscape of ERISA Preemption & Remedies. Consumer Attorneys of California (“CAOC”) Convention 2012.
- Faulty Speaker for CLE sponsored by the Rossdale Group LLP: Mastering Social Security & Disability Law on April 6, 2011.
- Ethics panelist at Midwinter Meetings of the Section of Labor & Employment Law Employee Benefits Committee, sponsored by the ABA (2010, 2011, 2012).
- Faculty Speaker at AAJ’s Social Security Success! Seminar: An Introduction to LTD Benefits for the Social Security Practitioner in September 2009.
Notable Cases
- Barnes v. AT&T Pension Benefit Plan-Nonbargained Program, 273 F.R.D. 562 (N.D. Cal. 2011) (granting Plaintiff’s motion to modify the class certification and order and leave to amend the complaint);
- Barnes v. AT&T Pension Benefit Plan – Nonbargained Program, 270 F.R.D. 488 (N.D. Cal. 2010) (certifying class of pensioners);
- Barnes v. AT&T Pension Benefit Plan – Nonbargained Program, 718 F. Supp. 2d 1167 (N.D. Cal. 2010) (granting Plaintiff’s motion to strike AT&T’s affirmative defenses);
- Schramm v. CNA Financial Corp. Insured Group Benefits Program,718 F. Supp. 2d 1151 (N.D. Cal. 2010) (awarding Plaintiff long term disability and waiver of life insurance premium benefits against Hartford);
- Zewdu v. Citigroup Long Term Disability Plan, 264 F.R.D. 622 (N.D. Cal. 2010) (ordering discovery regarding MetLife’s conflict of interest);
- Finley v. Hartford Life and Accident Ins. Co., 2007 WL 2406872 (N.D. Cal. Aug. 20, 2007) (court to apply a moderate degree of skepticism to Hartford's benefit determination); 249 F.R.D. 329 (N.D. Cal 2008) (defendant’s failure to make initial disclosure of full version of surveillance video was subject to sanction).
Community Involvement
- Volunteer Supervising attorney at the Bay Area Workers’ Rights Clinic. Spotlight March 2012 article may be found online here at http://www.las-elc.org/news-clinic-news-2012-02-roberts.html.
- Co-chair of Board of Directors, Strategic Planning Committee member; and Panel attorney for the AIDS Legal Referral Panel. Spotlight article may be found online here at http://www.alrp.org/spotlight/michelle-l-roberts-esq.
- Volunteer speaker on employee benefits for the Workers’ Rights Disability Law Clinic.
- Alumni law student mentor for UC Berkeley School of Law.
- Room parent; classroom volunteer and class quilt coordinator; 2011 Starlight Auction Live Auction Manger for Claire Lilienthal Elementary School (K-8), San Francisco, CA.
“Fighting for the Underdog”
The theme of my life has been a determination to fight for the underdog.
My work is a natural extension of that theme, and fulfills me every
day. I value hard work above most other things in my life. I love my work
and often find myself preoccupied with how to fix a client’s problem.
I also value taking advantage of every opportunity for personal growth,
and am always looking for a way to become a better person. Running a
business and raising children is pretty all-consuming, but I am as happy as
I’ve ever been, and wouldn’t have it any other way. For fun and relaxation,
I enjoy the ritual of exercise, including yoga, in the mornings, so that I can
come into the office with a clear head. Exercise helps me focus and feel ready
to face the challenges that may lie ahead. At the end of the day, I love to
catch up with friends during my commute home, then I look forward to
seeing the smiling faces of my two kids when I pick them up from school.
My daughter is a fun-loving, energetic, entertainer, who loves to watch television
with her mom. My toddler son is very good natured and keeps me on my toes by
throwing everything he gets in his hands. Spending the dinner hour and evening
with my children brings out the best in me. Impromptu entertaining of my
friends is a frequent occurrence in my house, and I am loving this stage in my life
where everything outside of work revolves around my children and other activities
that I enjoy. I figure that this time with my young kids is so fleeting and precious,
that being a homebody with them most evenings is all the excitement I need.
It’s also very important to me that I instill in my children the driving determination I
have to give back to those in need. In addition to fighting for my clients, I
volunteer with the Workers’ Rights Clinic, the AIDS Legal Referral Panel,
the March of Dimes, and I am my daughter’s room parent. I hope to show my kids
by example that giving to others is the best way to lead a life of fulfillment.
