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Radha Rathak

Partner, Stris & Maher LLP

Meet Your Expert

Radha (Rachana) Pathak primarily represents pension and welfare plan participants and beneficiaries in individual and class actions under the Employee Retirement Income Security Act of 1974. Prior to joining the firm full-time, she was an Associate Dean of Student & Alumni Engagement, Associate Professor of Law (with tenure), and Director of the Institute for Trial and Appellate Practice at Whittier Law School. She also served as a judicial clerk to the Honorable Raymond C. Fisher of the United States Court of Appeals for the Ninth Circuit.

Radha has litigated numerous cases involving complex procedural issues in federal district and appellate courts throughout the country, and she has been litigating cases before the Unites States Supreme Court since 2005. In 2017, she received the Daily Journal’s prestigious California Attorney Lawyer of the Year (CLAY) award for her victory in Montanile v. Board of Trustees, 136 S.Ct. 651 (2016), a case in which she served as lead Supreme Court counsel. She has been a core team member on many other Supreme Court merits cases, including Unicolors, Inc. v. H&M Hennes and Mauritz L.P., 142 S.Ct. 941 (2022) and Thole v. U. S. Bank N.A., 140 S.Ct. 1615 (2020).

Radha frequently speaks and writes about complex procedural issues, especially those pertaining to ERISA. Her ERISA publications include Mandatory Arbitration of ERISA Claims, Spring 2021 Issue: Employee Benefits Committee Newsletter; 9th Circuit rightly upholds California’s retirement backstop, Daily Journal, May 21, 2021 (with John Stokes); Enough About the Constitution: How States Can Regulate Health Insurance Under the ACA, 31 Yale L. & Pol’y Rev. 275 (2013) (with Brendan S. Maher), Health Insurance and Federalism in Fact, 28 ABA J. Lab. & Emp. L. 73 (2012) (with Brendan S. Maher), Discretionary Clause Bans & ERISA Preemption, 56 S.D. L. Rev. 500 (2011), Statutory Standing and the Tyranny of Labels, 62 Okla. L. Rev. 89 (2009), and Understanding and Problematizing Contractual Tort Subrogation, 40 Loy. U. Chi. L.J. 49 (2008) (with Brendan S. Maher).

Training Sessions by Radha Rathak

  • erisa

    Ever wonder why payers don’t share information about how ERISA protects your practice from wrongful denials and chargebacks? The answer is simple: Because they don’t want you to know how much money you can retain by protecting your practice with proven ERISA strategies. Insurers make money every time you simply accept a denial. When they don’t have to pay you […]

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    You’re doing everything you can to get paid by insurance companies. You verify benefits, get preauthorizations, and your electronic recordkeeping is pristine. Not to mention that your patients sign page after page of documents entitling you to payment for the care you provide. But you’re still getting the runaround… Sound familiar? If so, your patient intake process is most likely […]

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