Partner in Charge, Atlanta
Tim is a partner in the Labor & Employment practice group, as well as the Employee Benefits & Executive Compensation practice group. He focuses his practice on litigation and counseling related to employment and employee benefit issues, including the current Coronavirus or COVID-19 pandemic. 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.
Tim is also the partner in charge of the Atlanta office and chairs the firm's Retirement Plan Committee.
- Advised many employers on the new federal paid leave or sick leave law, and other issues regarding the Coronavirus or COVID-19 pandemic.
- 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.
- “Supreme Court Rules Title VII Protects LGBTQ Individuals,” Thompson Hine Labor & Employment @lert, June 15, 2020
- "Severance Pay Now Mandatory for Some New Jersey Terminations," Thompson Hine Labor & Employment @lert, January 2020
- Senior Editor, Employee Benefits Law, 4th Edition 2019 Cumulative Supplement ABA Section of Labor and Employment Law, 2019
- “Mandatory Sick Leave Laws May Be Coming to a Workplace Near You … If They Aren’t There Already,” Thompson Hine The Law@Work Newsletter, Spring 2017
- Quoted, "4 Biggest Questions Facing Employment Class Action Attys," Law360, September 18, 2015
- “Tackett Opens Door to Review & Modify Collectively Bargained Retiree Benefits,” Thompson Hine ERISA Litigation Update, January 2015
- Quoted, “Whistleblowing: HR’s Unique Role and Responsibilities”, Workforce Strategies, Vol. 32, No. 12, Bloomberg BNA, December 2014
- Quoted, "Supreme Court Stymies FLSA Security Check Lawsuits," Law360, December 9, 2014
- "Understanding the Supreme Court's Hobby Lobby Decision," Thompson Hine Employee Benefits Update, July 2014
- “Supreme Court Rejects Presumption of Prudence But Raises Bar for ESOP Fiduciary Breach Claims,” Thompson Hine ERISA Litigation Update, June 2014
- "SOX Protection Expanded to Contractor’s Employees Who “Blow the Whistle” on Contractor’s Publicly Held Clients," Thompson Hine Labor & Employment @lert, March 2014
- Bloomberg Human Resources Report “New Domestic Violence Leave Laws Require HR to Adjust Policies and Procedures,” October 2013 – Tim McDonald interviewed
- Quoted, “High Court To Demystify Appeal Deadlines In ERISA Case,” Law360, June 17, 2013 feature
- Quoted, “9th Circ. Revives ERISA Action Over Amgen Stock Drop,” Law360, June 2013 feature
- Interviewed, “Cancer in the Workplace Compliance Burden Or Hidden Opportunity?”, Bloomberg BNA Workforce Strategies Program, May 2013
- Quoted on the decision, "U.S. Supreme Court Rules Against Nurse in Wage-and-Hour Case," Thomson Reuters News & Insight, Legal Section, April 2013
- Commented on Genesis HealthCare Corp. et al. v. Laura Symczyk ruling in "Lawyers Weigh In On Supreme Court's FLSA Ruling," Law360, April 2013
- Quoted, "High Court ERISA Ruling Backs Sanctity Of Plan Language," Law360, April 2013
- Tim McDonald quoted on Genesis HealthCare Corp. et al. v. Laura Symczyk ruling in "High Court Finds FLSA Case Not Justiciable After Original Plaintiff Was Offered Full Relief," Bloomberg Corporate Law Daily, April 2013
- Quoted, "Justices Allow Common-Fund Doctrine To Fill 'Gap' in ERISA Plans," Bloomberg Daily Labor Report, April 2013
- "Bracing For Cigna v. Amara," Law360.com, November 2010
- Employee Benefits Law 2007, present Cumulative Supplement Revisions; 2008, present contributing editor
- Panelist discussing Demystifying ERISA for Employment Lawyers, ABA Employment Rights and Responsibilities Midwinter Meeting, Las Vegas, Nevada, March 2019
- Moderator, Wage and Hour and ERISA Issues, ABA Section of Labor & Employment Law, Employee Rights and 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
- Selected as a Fellow of the College, the Governors of the College of Labor and Employment Lawyers, 2020
- Listed as a Labor and Employment Litigation Star by Benchmark Litigation, 2019 and 2020
- Selected to the 2018 edition of Who's Who Legal: Pensions & Benefits
- Selected to the Georgia Super Lawyers* list, Employment & Labor, 2010-2018
- Selected for inclusion in The Best Lawyers in America© 2009-2021 in the field of Employment Law-Management, Labor Law-Management and Litigation-Labor and Employment; named the Best Lawyers® 2018 Labor Law-Management "Lawyer of the Year" in Atlanta
- Recognized in Chambers USA: America's Leading Lawyers for Business, Labor & Employment – Georgia, 2012-2020
- 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.
- 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
- 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