Stephanie L. Gutwein

Partner

Overview

Stephanie Gutwein litigates complex business, ERISA, insurance coverage, class action and product liability disputes, as well as claims arising under the United States and Indiana constitutions, in both federal and state court. She is also certified in environmental law. Stephanie works closely with clients to understand their business and financial goals, which helps her achieve optimal results.

ERISA Litigation

Stephanie represents commercial clients, benefit plans and plan fiduciaries, third-party administrators, and insurance companies in disputes arising under ERISA, 29 U.S.C. § 1001, et seq., including those related to:

  • Employee Stock Ownership Plans (ESOPs)
  • Employee pension and welfare plans
  • Long-term disability plans
  • Severance plans
  • Qualified domestic relations orders
  • Multiemployer pension plans
  • Equity awards

Constitutional Litigation

Stephanie advises and represents clients in disputes concerning federal, state and local agency decision-making and claims arising under the United States and Indiana constitutions, including claims arising under:

  • The Due Process Clause
  • The Equal Protection Clause and the Equal Privileges and Immunities Clause
  • The dormant Commerce Clause
  • The Fifth Amendment’s prohibition on inverse condemnation

Commercial Litigation

Stephanie’s work includes:

  • Representing commercial clients in breach of contract, commercial tort, Uniform Commercial Code, product liability and trade secret disputes
  • Representing fiduciaries and family members in disputes involving closely held corporations

Insurance Litigation

In the insurance sector, Stephanie represents large and small commercial clients in insurance coverage disputes and advises commercial clients on their rights under insurance agreements.

Industry Experience

Stephanie has represented corporations, closely held shareholders, governmental agencies and entities, nonprofits, insurance companies, benefit plans and individuals and families.

Analyzing the Impacts of the U.S. Supreme Court’s Decision to End Affirmative Action
Analyzing the Impacts of the U.S. Supreme Court’s Decision to End Affirmative Action

Related Policy, Advocacy & Consulting Services

Credentials

Bar Admissions

Indiana

Court Admissions

U.S. Court of Appeals for the Seventh Circuit
U.S. District Court for the Northern District of Indiana
U.S. District Court for the Southern District of Indiana

Education

Indiana University Robert H. McKinney School of Law
J.D. summa cum laude, Indiana Law Review (articles editor) (2013)

Indiana University
B.S. in Biology and Political Science (2010)

Insights & Events

Other Perspectives
  • Florida Federal District Court Compels Individual Arbitration of ERISA Class Action 
    Republished in Employee Benefit Plan Review, August 2022 
  • Surviving Your First Year in a Big Firm
    Co-presenter with Stephanie Russo, IndyBar Applied Professionalism Course, Indianapolis, Spring 2019, Fall 2018, Spring 2018 
  • Ethical Challenges for Employee Benefits Professionals
    Co-presenter with Gayle Skolnik, Philip Gutwein and Matthew Kinsman, Luncheon Meeting of the Indiana Benefits Conference, Indianapolis, November 2018
  • True Crime Documentaries: Tools for Justice or Sensationalism?
    Panelist, Sagamore American Inn of Court, Indianapolis, September 2018 
  • Recent Developments in ERISA Litigation
    Co-presenter with Philip Gutwein, What's New in Employee Benefits?, ICLEF, Indianapolis, August 2018
  • Attorneys and Diminished Capacity
    Panelist, Sagamore American Inn of Court, Indianapolis, May 2018 
  • Survival of the Happiest: The New Lawyer's Guide to Navigating a Large Law Firm
    Co-presenter with Anne Ricchiuto, Applied Professionalism Course, Indianapolis Bar Association, Indianapolis, Fall 2017, Spring 2017, Fall 2016
  • Appellate Civil Case Law Update
    Co-author with Jon Laramore, Res Gestae, December 2013
  • Appellate Civil Case Law Update
    Co-author with Kathy Osborn, Res Gestae, June 2012

Firm Blog Contributions

  • Spotlight on Benefits – a blog offering practical insight on legal developments which impact benefit plans

Leadership & Community

Pro Bono

  • Representing nonprofit client as amicus in dispute over Indiana’s wildlife statutes and regulations
  • Representing prisoners pursuing claims arising under the United States Constitution

Professional Associations

  • Indiana State Bar Association
  • Indianapolis Bar Association
  • Indianapolis American Inn of Court — Associate, 2016-present

Civic Activities

  • Habitat for Humanity Women Build — Co-leader, 2015-present
  • Indiana High School Mock Trial — Shortridge High School Coach, 2014-present
  • Indiana University McKinney School of Law-Indianapolis Moot Court — Volunteer Judge
  • Dress for Success Resume and Mock-Interview Workshops — Co-leader, 2014-15
  • Wheeler Mission — Volunteer
  • Junior Achievement, Indiana — Volunteer
  • School on Wheels — Volunteer Tutor for Homeless Children

Honors

  • Best Lawyers® — "Ones to Watch," Employee Benefits (ERISA) Law, 2023-24
  • Indiana Lawyer — Leadership in Law Award, Up and Coming Lawyer honoree, 2023
  • Faegre Drinker — Pro Bono Honor Roll, 2020, 2023
  • 2019 Indianapolis Bar Foundation Distinguished Fellow 
  • Indiana Super Lawyers – Rising Stars, Business Litigation, 2017-23
  • Leadership Development Academy, Class 9, Indiana State Bar Association
  • Leadership Indianapolis Civic Boot Camp — Graduate, 2017
  • U.S. District Court for the Southern District of Indiana — Pro Bono Honor Roll, 2016
  • Faegre Baker Daniels — Pro Bono Honor Roll, 2014-15, 2017-18
  • Supreme Court Justice Anthony Kennedy Scholar, 2010-13
  • National Environmental Moot Court Competition — Top Orator, Preliminary Rounds 1 & 3
  • Dean's Tutorial Society — Fellow, 2011 and 2012
  • Indiana University — Phi Beta Kappa
Awards Methodology
No aspect of these recognitions has been approved by the highest court of any state.
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