Editorial: Employee Benefits in Georgia
01 April 2007
The wide variety of claims that corporations can be subject to, often involving potential liability in the millions of dollars, mean that this area is of increasing importance to clients and by extension their outside counsel. The lawyers in this chapter are experts in the areas of litigation, regulatory advice, drafting or on the related aspects of transactions.
The leading firm in the state for ERISA work is Alston & Bird LLP, which “sets the bar for this type of work” with an unparalleled four lawyers on our list. In recent years Alston & Bird has represented clients such as Delta Air Lines, Georgia-Pacific Corporation and Wachovia Corporation in ERISA litigation.
Douglas Hinson is the leader of the ERISA litigation group and a “major player in the local market”. In the last year he has defended employer stock class actions filed against BellSouth, Mirant, Allegheny Energy, Avaya and Coca-Cola. A “phenomenally good lawyer”, he is also vice-chair and chair elect designee of the employee benefits committee of the tort and insurance practice section of the American Bar Association. He is a “great guy to have on your side”, according to our sources.
Patrick DiCarlo is an “up-and-coming star”, known for his work on suits challenging the prudence of investments in employer securities and fees paid to service providers. Alongside his litigation work, DiCarlo was recommended to researchers for counselling on age discrimination issues. Alston & Bird is also particularly strong in the area of regulatory compliance. John Hickman was placed “in the highest tier” for his guidance on health reimbursement arrangements and health savings accounts. Head of the firm’s health benefits practice, Hickman was described as a “pioneer” and a “guru” in the field. Craig Pett, the final featured lawyer from the firm, is said to be “awesomely clever” by those who have worked alongside him. A “valuable asset to clients”, he advises on a range of employee benefit-related matters, including matters involving defined benefit pension plans, 401(k) plans and ESOPs, and is an “expert” in IRS related matters, as well as mergers and acquisitions involving ERISA plans.
King & Spalding LLP counts Coca-Cola, Home Depot and Winn-Dixie Stores among its clients, and it performed particularly well in the research for this chapter with three featured lawyers in the following pages. David Tetrick is a “leading light” and a “fluent and effective advocate” according to our sources. Respondents spoke in glowing terms of his work across a range of ERISA related litigation, including class actions in areas such as employer stock in 401(k) plans and breach of fiduciary duty claims, as well as individual ERISA. Donald Kohla was described to us as a “legend” – “he knows ERISA like the back of his hand,” according to our sources. He is recommended for his representation of plan sponsors in designing, preparing, implementing and administering all types of employee benefit plans, and for representing clients before the IRS, the Department of Labor and the PBGC. Appearing alongside him, Eleanor Banister is recognised in the community for her “very skilled” employee benefit plan work.
Powell Goldstein LLP also has a trio of partners in this chapter. Steven Schaffer, chairman of the firm’s employee benefits and executive compensation practice, is “one of the finest legal minds I have come across,” according to one interviewee. Respondents also commented on the breadth of his expertise – “he has many strings to his bow”. Schaffer was recommended for his work designing pension, profit sharing and employee benefit plans, as well as investment funds suitable for pension plan investors by virtue of the ERISA “plan assets” rules. In addition, his practice relating to transactions was also praised, and he recently represented a group of senior management employees from a Fortune 100 company negotiating severance and stay bonuses after the acquisition of their company. Similarly, the “thoughtful and insightful” Armin Brecher was also commended to researchers for his employee benefit work in relation to mergers, acquisitions and leveraged buy-outs, in particular relating to employee benefit, executive compensation and employee stock ownership plans, and for his “immaculate” drafting. The firm is also able to offer a “very fine ERISA litigator” in Bard Brockman (“the first person [one source] would call”). He recently successfully defended an independent trust company against charges of fiduciary breach and violations of ERISA, and is currently representing a large public university in a class action suit. He successfully prosecuted ERISA claims for a public corporation that was the trustee of pension funds subject to the competing claims of its unionised workers.
Elsewhere in Atlanta, several individuals stood out. James Landon at Jones Day is one such figure: “he knows all there is to know about ERISA”. An “authority on tax”, he has represented plan sponsors, corporate and individual trustees, and investment managers in matters relating to tax-qualified plans. In addition to his litigation practice relating to ERISA questions of fiduciary responsibility and plan administration, he was praised for his counselling of clients with employee benefits issues involved in corporate transactions such as mergers, sales, acquisitions and spin-offs.
Ogletree Deakins Nash Smoak & Stewart PC represents more than half of the Fortune 50 companies in employment matters – William Gray flies the flag in this chapter. Deemed “outstanding” on the design, establishment and maintenance of retirement plans and health and welfare plans for employers, he is also known for his representation of trustees and for his knowledge of the employee benefit aspects of corporate transactions.
The “absolutely terrific” William Vesely is included from Kilpatrick Stockton LLP. Placed “in the first tier nationally” by one of the interviewees we spoke to, he represented INVESCO/AMVESCAP in the restructuring of all of its employee benefit programs. He is also experienced in handling benefit plans in corporate transactions. He represented Blount International in connection the LBO of the company and advised Equifax in connection with the spin-off of its payment services business. Don Mazursky at Mazursky Constantine LLC is a “top-flight benefits lawyer”; “the list would not be complete without him”. Charles Elrod at Parker Hudson Rainer & Dobbs LLP is an “exemplary lawyer”, particularly well regarded for his tax related work (“you only ever hear good things about him”). He is also a former adjunct professor in employee benefits law at Emory University School
of Law.