Profile: Patrick C DiCarlo

Employee Benefits

Biography: Employee Benefits

Patrick DiCarlo, a partner at Alston & Bird, focuses his practice in the areas of securities and ERISA litigation. He has successfully defended numerous companies in ERISA and related securities litigation in jurisdictions across the country. Recently, his practice has focused on suits challenging the prudence of investments in employer securities under ERISA, filed as companion suits to traditional securities claims. For example, Mr DiCarlo has been actively involved in the defence of BellSouth in a class action arising from 401(k) plan investments in company stock, and a related securities case. Representative clients include BellSouth, Louisiana-Pacific and the Coca-Cola Company.

His practice involves not only defence of litigation, but also counselling clients on benefits regulatory compliance issues and other aspects of the employment relationship. He has extensive experience counselling clients on litigation avoidance strategies in connection with plan amendments.

Mr DiCarlo regularly writes and speaks on topics related to ERISA litigation and disclosure issues. His recent publications include 'Fiduciary Disclosure: Company Stock in Defined contribution Plans', Compensation and Benefits Review; and 'ERISA's Anti-Cutback Rule: The Pitfalls of Plan Modification', Employee Benefit Plan Review.

Patrick DiCarlo received his JD, cum laude, from the University of Georgia School of Law in 1994, and his BA from the University of Georgia in 1991. He has been a member of the State Bar of Georgia since 1994, and is admitted to practise in all state and federal courts in Georgia.