Overview

Tim is the partner-in-charge of the Atlanta office and 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 U.S. Court of Appeals for the Third Circuit.

Experience
  • 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 million from an investment consulting firm client.
  • Represented service providers in discovery proceedings in multiple 401(k) fee matters.
  • Defended a defendant-class of partners of a major accounting firm for more than $200 million in retirement benefits in which state court dismissed all claims.
  • Served as special counsel to plan fiduciary in retirement claims seeking more than $100 million.
  • 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 a major transportation company.
  • Defended a major telecommunications company in collective action under the ADEA that eliminated all but named-plaintiff claims at the pleadings stage.
Publications
Presentations
  • Moderator, Wage and Hour and ERISA Issues, ABA Section of Labor & Employment Law, Employee Rights Responsibilities Midwinter Meeting, Naples, Florida, March 2015
  • 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, 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, "Successor Liability For Employee Benefit Liabilities and Other Employment Issues in Mergers & Acquisitions," 2011 Georgia Business Law Institute, Atlanta, October 2011
  • Speaker, 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, CLE broadcast regarding the Supreme Court ERISA decisions in Conkright v. Frommert and Hardt v. Reliance Standard Insurance Co., 2010
  • Panelist, ABA CLE broadcast regarding employment law class actions and Dukes v. Wal-Mart, 2010
  • Panelist, 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
Distinctions
  • Selected to the Georgia Super Lawyers* list, Employment & Labor, 2010-2018
  • Selected for inclusion in The Best Lawyers in America® in the field of Employment Law, 2009-2018 and named in Best Lawyers 2018 Lawyer of the Year - Labor Law - Management
  • Recognized in Chambers USA: America's Leading Lawyers for Business, Labor & Employment – Georgia, 2012-2017
  • Named to the 2015 BTI Client Service All-Star Team
  • Named to the Top 100: 2015 Georgia Super Lawyers List
  • Recognized in The Legal 500 United States, Labor & Employment: Employee Benefits and Executive Compensation, 2012
  • Selected to the 2005 Georgia Rising Stars list by Super Lawyers
  • AV® Preeminent Rated by Martindale-Hubbell, Labor & Employment and Employee Benefits

*The Super Lawyers lists are issued by Thomson Reuters. A description of the selection methodology can be found at www.superlawyers.com. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Professional and Civic

Professional Associations

  • American Bar Association, Labor and Employment Law Section, Employee Rights and Responsibilities Committee, Employment Benefits Subcommittee, Employment co-chair, 2008 to present; Employee Benefits Committee, Plan, Design, Qualification and Administration Subcommittee, co-chair, 2008 to present

Professional Activities

  • College of Business at James Madison University, member of the Executive Advisory Council 2006-2012
  • Case Western Reserve University Law School, Alumni Board, member 2010-2013



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