Brendan S. Maher

Associate Professor of Law and Robert D. Paul Scholar
Headshot of Professor Maher.
Office: Hosmer 214
  • Retirement Law
  • Health Care Law
  • Corporate Law
  • Complex Litigation

Brendan S. Maher is an Associate Professor of Law and the Robert D. Paul Scholar at the University of Connecticut School of Law.   A graduate of Stanford University and Harvard Law School, Professor Maher is a nationally recognized expert in the regulation of insurance, pensions, and health care.   He is a leading authority on the meaning of both ERISA and the Affordable Care Act.  Professor Maher also teaches and studies the procedural and evidentiary aspects of civil litigation in federal courts.  

Professor Maher is an appointed member of the Connecticut Retirement Security Board, a board created by the state legislature to develop a comprehensive proposal for the implementation of a public retirement plan.  Professor Maher is also the co-moderator of Connecticut's Forum on Healthcare Innovation, a forum for scholars, investors, providers, scientists, and regulators to share ideas on optimizing health outcomes.

Professor Maher regularly appears before the United States Supreme Court to litigate cases involving employee benefits.  One of his cases, LaRue v. DeWolff, Boberg & Associates, was described by The New York Times as “one of the most important rulings in years on the meaning of the federal pension law known as ERISA.”  He also studies and is routinely consulted by states, medical providers, and employee organizations as to the applicability of federal law to their activities. 

Professor Maher is licensed to practice in several state and federal courts, including the U.S. Supreme Court, the United States Court of Appeals for the Fifth Circuit and the United States Court of Appeals for the Second Circuit.

Brendan S. MaherRegulating Employment-Based Anything, 99 Minn. L. Rev. (forthcoming 2015) (selected for the 2014 Harvard/Stanford/Yale Junior Faculty Forum)

Brendan S. Maher & Paul Secunda, Pension De-Risking, 92 Wash. U. L. Rev. (forthcoming 2015)

Brendan S. Maher, The Affordable Care Act, Remedy, and Litigation Reform, 63 Am. U. L. Rev. 649 (2014)

Brendan S. Maher, Some Thoughts on Health Care Exchanges: Choice, Defaults, and the Unconnected, 44 Conn. L. Rev. 2009 (2012)

Brendan S. Maher, The Benefits of Opt-in Federalism, 52 B.C. L. Rev. 1733 (2011)

Brendan S. Maher & Peter K. Stris, ERISA & Uncertainty, 88 Wash. U. L. Rev. 433 (2010)

John Bronsteen, Brendan S. Maher, & Peter K. Stris, ERISA, Agency Costs, and the Future of Health Care in the United States, 76 Fordham L. Rev. 2297 (2008)