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TimMcDonald

PartnerExecutive CommitteeTim.McDonald@ThompsonHine.com
Atlanta

O 404.407.3623

TimMcDonald

Partner
Executive CommitteeTim.McDonald@ThompsonHine.com
Atlanta

O 404.407.3623

Focus Areas

  • 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.
  • “Landmark Ruling Overturns Abortion Rights – Examining the Decision’s Employee Implications,” Thompson Hine Webinar, July 2022
  • 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 to 2023 for 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; Employee Benefits & Executive Compensation, Georgia, 2021, 2022
  • 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 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

Education

  • Case Western Reserve University School of Law, J.D., 1990,
    cum laude
    ,

    editor in chief, 1989 to 1990, member 1998 to 1990, Case Western Reserve Law Review

  • James Madison University, B.B.A., 1987,
    magna cum laude

Bar Admissions

  • District of Columbia
  • Georgia
  • New Jersey
  • Pennsylvania

Court Admissions

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