Tim McDonald

Practices

• Labor & Employment
• Employee Benefits & Executive Compensation
• ERISA Litigation

Professional Experience

Tim is a partner in the Labor & Employment practice group. He focuses his practice on litigation and counseling related to employment and employee benefit issues. He defends employers against class action and individual employment claims nationally, and advises them on employment practices and benefit issues. In addition, Tim represents fiduciaries, benefit plans and employers in employee benefits litigation encompassing individual and class action cases throughout the country.

From 1990 to 1992, Tim served as a law clerk to the Honorable William D. Hutchinson of the United States Court of Appeals for the Third Circuit.

Tim is admitted to practice in Georgia, Pennsylvania, New Jersey, the District of Columbia and the following courts:

• Supreme Court of the United States
• United States District Court for the Northern District of Florida
• United States District Court for the Middle District of Georgia
• United States District Court for the Northern District of Georgia
• United States District Court for the Eastern District of Michigan
• United States District Court for the District of New Jersey
• United States District Court for the Northern District of New York
• United States District Court for the Eastern District of Pennsylvania
• United States Court of Appeals for the Federal Circuit
• United States Court of Appeals for the First Circuit
• United States Court of Appeals for the Third Circuit
• United States Court of Appeals for the Fifth Circuit
• United States Court of Appeals for the Eighth Circuit
• United States Court of Appeals for the Ninth Circuit
• United States Court of Appeals for the Tenth Circuit
• United States Court of Appeals for the Eleventh Circuit

Education

• Case Western Reserve University School of Law, J.D., 1990, cum laude, Case Western Reserve Law Review, Editor-in-Chief, 1989 – 1990; Member 1988 – 1990
• James Madison University, B.B.A., 1987, magna cum laude

• Persuaded EEOC not to proceed with an action on behalf of 250-350 employees regarding alleged discriminatory treatment in the structure of a benefit plan.
• Secured dismissal of eight claims and obtained defense verdict and dismissal of breach of fiduciary duty claim in an additional claim in a matter in which a pension fund sought more than $120,000,000 from an investment consulting firm client
• Represented service providers in discovery proceedings in multiple 401(k) fee matters
• Defended defendant-class of partners of a major accounting firm for more than $200,000,000 in retirement benefits in which state court dismissed all claims
• Served as special counsel to plan fiduciary in retirement claims seeking more than $100,000,000
• Argued motion successfully limiting claims based on Hazen Paper Co. v. Biggins and summary judgment motion that was eventually granted on all disparate treatment claims for the entire collective action
• Secured dismissal of a nationwide Fair Labor Standards Act and New York state law and wage claim collective and class action against one of the top four mobile telecommunications providers in the United States
• Served as counsel in more than 15 class or collective actions
• Defended three class charges regarding alleged age discrimination in benefit plan terms against major transportation company
• Defended major telecommunications company in collective action under the ADEA that eliminated all but named-plaintiff claims at the pleadings stage

• Thomson Reuters News & Insight, Legal Section: “U.S. Supreme Court rules against nurse in wage-and-hour case” April 17, 2013 article – Tim McDonald quoted on the decision.
• Law360, “Lawyers Weigh In On Supreme Court's FLSA Ruling” April 17, 2013 feature – Tim McDonald commented on Genesis HealthCare Corp. et al. v. Laura Symczyk ruling.
• Law360, “High Court ERISA Ruling Backs Sanctity Of Plan Language” April 17, 2013 article – Tim McDonald quoted.
• Bloomberg Corporate Law Daily, “High Court Finds FLSA Case Not Justiciable After Original Plaintiff Was Offered Full Relief” April 17, 2013 article – Tim McDonald quoted on Genesis HealthCare Corp. et al. v. Laura Symczyk ruling.
• Bloomberg, Daily Labor Report: “Justices Allow Common-Fund Doctrine To Fill ‘Gap' in ERISA Plan's” April 16, 2013 article – Tim McDonald quoted.
• "Bracing For Cigna v. Amara" · Law360.com, November 2010
• Employee Benefits Law 2007 - present Cumulative Supplement Revisions, 2008 - present contributing editor

• Panelist discussing work product and attorney-client communications privileges in ERISA administrative appeals, ABA Section of Labor & Employment Law Employee Rights and Responsibilities Midwinter Meeting, Miami, March 2013
• Panelist discussing ERISA Litigation, American Society of Pension Plans Administrators, Cincinnati, November 2012
• Panelist discussing ERISA Litigation at 24th Annual Cincinnati Employee Benefits Conference, June 2012
• Panelist discussing ERISA Litigation, ABA Section of Labor Employment Law, Employee Rights & Responsibilities Midwinter Meeting, San Diego, March 2012
• Speaker at 2011 Georgia Business Law Institute on Successor Liability For Employee Benefit Liabilities and Other Employment Issues in Mergers & Acquisitions, Atlanta, GA, October 2011
• Speaker at 12th National Forum on Wage & Hour Claims and Class Actions, New York City, May 2011
• Panelist discussing ERISA developments, ABA Section of Labor and Employment Law Employee Rights and Responsibilities Midwinter Meeting, San Juan, Puerto Rico, March 2011
• Panelist on CLE broadcast regarding the Supreme Court ERISA decisions in Conkright v. Frommert and Hardt v. Reliance Standard Insurance Co., 2010
• Panelist on ABA CLE broadcast regarding employment law class actions and Dukes v. Wal-Mart, 2010
• Panelist on CLE broadcast involving best practices after MetLife v. Glenn, 2010
• Panel member, Midwinter Meeting of the ABA Employer Rights and Responsibilities regarding benefit claims, 2009
• Speaker on trends in employment class actions, 4th Annual Labor & Employment Law Conference, Atlanta, 2008
• Panel member, Midwinter Meeting of the ABA Employer Rights and Responsibilities regarding benefit claims, 2008

• Recognized in Legal 500 United States, Labor & Employment, Employee Benefits and Executive Compensation, 2012
• Recognized in Chambers USA: America's Leading Lawyers for Business, Labor & Employment, Georgia 2012
• Best Lawyers in America, Employment Law, 2009 - 2013
• Selected for inclusion in Super Lawyers, Employment Law 2010 - 2013
• Martindale-Hubbell AV peer rating, Labor & Employment and Employee Benefits