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David Tetrick specializes in defending leading companies in ERISA class actions, director and executive compensation litigation and other complex employee benefits disputes. He is listed in Best Lawyers in America and Legal 500 as a leading ERISA litigator, and Chambers USA: America’s Leading Business Lawyers praised his “spirited and focused” approach to ERISA class action litigation.

For more than 20 years, David has represented Fortune 500 companies, private equity firms and other leading businesses across the country in complex commercial disputes, with an emphasis on three related areas: ERISA class action defense; complex employee benefits litigation; and disputes and internal investigations involving executive compensation arrangements. David leads our ERISA Litigation practice, working with clients to develop and execute sensible strategies to solve problems in this sensitive and highly regulated area. He aims to provide creative solutions based on practical legal advice offered in plain English.

Prior to attending law school, David served in the U.S. Army as a noncommissioned officer aboard medevac helicopters. He was awarded the Bronze Star Medal with "V" Device for service during the First Gulf War (Operation Desert Storm).

Full Bio

Credentials

J.D., University of Florida, with honors

B.A., University of Central Florida

Florida

Georgia

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the Middle District of Florida

U.S. District Court for the Middle District of Georgia

U.S. District Court for the Northern District of Florida

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Southern District of Florida

American Bar Association

State Bar of Georgia

The Florida Bar

Leading ERISA litigator


Legal 500

Leading ERISA litigator


Best Lawyers in America

“Spirited and Focused” approach to ERISA class action litigation


Chambers USA: America’s Leading Business Lawyers

Georgia Rising Star


Atlanta Magazine and Law & Politics, 2005, 2006

Approved Counsel on AIG’s Fiduciary Liability (ERISA) panel (one of only three such lawyers in Georgia)

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Recognition

Leading ERISA litigator


Legal 500

Leading ERISA litigator


Best Lawyers in America

“Spirited and Focused” approach to ERISA class action litigation


Chambers USA: America’s Leading Business Lawyers

Georgia Rising Star


Atlanta Magazine and Law & Politics, 2005, 2006

Approved Counsel on AIG’s Fiduciary Liability (ERISA) panel (one of only three such lawyers in Georgia)

Matters

Defended and obtained dismissal of all claims against Peabody Energy Corporation, the world’s largest publicly-traded coal company, in an ERISA class action alleging the company’s stock was an imprudent investment for its 401(k) plan.

Defended The Coca-Cola Company in an ERISA “stock drop” class action brought by participants in the company’s 401(k) plan alleging that the plan’s fiduciaries breached their duties by failing to divest the plan of Coca-Cola stock, and obtained dismissal of claims.

Defended and obtained dismissal of all claims against Waste Management, Inc. in a shareholder derivative case in Delaware Chancery Court challenging equity grants to its Board of Directors.

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Matters

Defended and obtained dismissal of all claims against Peabody Energy Corporation, the world’s largest publicly-traded coal company, in an ERISA class action alleging the company’s stock was an imprudent investment for its 401(k) plan.

Defended The Coca-Cola Company in an ERISA “stock drop” class action brought by participants in the company’s 401(k) plan alleging that the plan’s fiduciaries breached their duties by failing to divest the plan of Coca-Cola stock, and obtained dismissal of claims.

Defended and obtained dismissal of all claims against Waste Management, Inc. in a shareholder derivative case in Delaware Chancery Court challenging equity grants to its Board of Directors.

Defended and obtained dismissal of all claims against SunTrust Banks, Inc. in two ERISA class actions brought by participants in the company’s 401(k) plan alleging the plan’s fiduciaries breached their fiduciary duties by offering affiliated mutual funds that allegedly charged “excessive fees.”

Defended and obtained dismissal of all claims against National Imaging Associates (a Magellan Health Company) in a managed care ERISA class action brought by a medical services provider against NIA and a major insurer alleging breaches of fiduciary duty under federal and state law.

Defended The Home Depot in an ERISA class action alleging the company’s stock was an imprudent investment for its 401(k) plan. In a case of first impression, convinced the Eleventh Circuit U.S. Court of Appeals to affirm the district court's dismissal of all claims.

Defended The Coca-Cola Company in an ERISA class action brought by participants in the company’s long term disability plan challenging the company’s ability to offset benefits to account for participant’s receipt of Social Security disability payments. Obtained summary judgment on plaintiffs’ claims, and successfully defended judgment on appeal.

Defended and obtained dismissal of all claims against Bank of America in an ERISA class action alleging improper valuation by ESOP trustee of shares in closely held company’s employee stock ownership plan (ESOP).

Defended Lone Star Funds, the global private equity firm, in a dispute concerning ERISA withdrawal liability allegedly owed by one of its portfolio companies.

Defended Amedisys, Inc. in an ERISA class action alleging the company’s stock was an imprudent investment for its 401(k) plan.

Advised a Special Committee of the Board of Directors of a publicly-traded biotech company in investigating a dispute between the company and its former CEO concerning benefits due under an ERISA “top hat” plan as a result of change in control. Subsequently, represented the same Special Committee in investigation of claims made by another former executive officer under his change in control agreement.

Advised fiduciaries of ERISA-governed retirement plans of a Fortune 100 company in investigation of losses suffered as a result of investments related to subprime mortgages and related derivative investments.

Advised fiduciaries of ERISA-governed retirement plans of a publicly traded industrial goods company in the investigation of losses incurred as a result of investments related to subprime mortgages and related derivative investments.

Advised a publicly traded financial institution in audit committee investigation relating to senior management’s executive compensation arrangements.

Advised a Special Litigation Committee of the Board of Directors of a publicly traded energy company investigating allegations in a shareholder demand letter related to the Chief Executive Officer’s compensation.

Advised a Fortune 50 company in internal investigation of losses suffered by its ERISA-governed retirement plan as a result of investments in a structured investment vehicle and the plan’s securities lending program.

Matters

Defended and obtained dismissal of all claims against Peabody Energy Corporation, the world’s largest publicly-traded coal company, in an ERISA class action alleging the company’s stock was an imprudent investment for its 401(k) plan.

Defended The Coca-Cola Company in an ERISA “stock drop” class action brought by participants in the company’s 401(k) plan alleging that the plan’s fiduciaries breached their duties by failing to divest the plan of Coca-Cola stock, and obtained dismissal of claims.

Defended and obtained dismissal of all claims against Waste Management, Inc. in a shareholder derivative case in Delaware Chancery Court challenging equity grants to its Board of Directors.

See more
Icon close

Close

Matters

Defended and obtained dismissal of all claims against Peabody Energy Corporation, the world’s largest publicly-traded coal company, in an ERISA class action alleging the company’s stock was an imprudent investment for its 401(k) plan.

Defended The Coca-Cola Company in an ERISA “stock drop” class action brought by participants in the company’s 401(k) plan alleging that the plan’s fiduciaries breached their duties by failing to divest the plan of Coca-Cola stock, and obtained dismissal of claims.

Defended and obtained dismissal of all claims against Waste Management, Inc. in a shareholder derivative case in Delaware Chancery Court challenging equity grants to its Board of Directors.

Defended and obtained dismissal of all claims against SunTrust Banks, Inc. in two ERISA class actions brought by participants in the company’s 401(k) plan alleging the plan’s fiduciaries breached their fiduciary duties by offering affiliated mutual funds that allegedly charged “excessive fees.”

Defended and obtained dismissal of all claims against National Imaging Associates (a Magellan Health Company) in a managed care ERISA class action brought by a medical services provider against NIA and a major insurer alleging breaches of fiduciary duty under federal and state law.

Defended The Home Depot in an ERISA class action alleging the company’s stock was an imprudent investment for its 401(k) plan. In a case of first impression, convinced the Eleventh Circuit U.S. Court of Appeals to affirm the district court's dismissal of all claims.

Defended The Coca-Cola Company in an ERISA class action brought by participants in the company’s long term disability plan challenging the company’s ability to offset benefits to account for participant’s receipt of Social Security disability payments. Obtained summary judgment on plaintiffs’ claims, and successfully defended judgment on appeal.

Defended and obtained dismissal of all claims against Bank of America in an ERISA class action alleging improper valuation by ESOP trustee of shares in closely held company’s employee stock ownership plan (ESOP).

Defended Lone Star Funds, the global private equity firm, in a dispute concerning ERISA withdrawal liability allegedly owed by one of its portfolio companies.

Defended Amedisys, Inc. in an ERISA class action alleging the company’s stock was an imprudent investment for its 401(k) plan.

Advised a Special Committee of the Board of Directors of a publicly-traded biotech company in investigating a dispute between the company and its former CEO concerning benefits due under an ERISA “top hat” plan as a result of change in control. Subsequently, represented the same Special Committee in investigation of claims made by another former executive officer under his change in control agreement.

Advised fiduciaries of ERISA-governed retirement plans of a Fortune 100 company in investigation of losses suffered as a result of investments related to subprime mortgages and related derivative investments.

Advised fiduciaries of ERISA-governed retirement plans of a publicly traded industrial goods company in the investigation of losses incurred as a result of investments related to subprime mortgages and related derivative investments.

Advised a publicly traded financial institution in audit committee investigation relating to senior management’s executive compensation arrangements.

Advised a Special Litigation Committee of the Board of Directors of a publicly traded energy company investigating allegations in a shareholder demand letter related to the Chief Executive Officer’s compensation.

Advised a Fortune 50 company in internal investigation of losses suffered by its ERISA-governed retirement plan as a result of investments in a structured investment vehicle and the plan’s securities lending program.

Credentials

J.D., University of Florida, with honors

B.A., University of Central Florida

Florida

Georgia

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court for the Middle District of Florida

U.S. District Court for the Middle District of Georgia

U.S. District Court for the Northern District of Florida

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Southern District of Florida

American Bar Association

State Bar of Georgia

The Florida Bar

Leading ERISA litigator


Legal 500

Leading ERISA litigator


Best Lawyers in America

“Spirited and Focused” approach to ERISA class action litigation


Chambers USA: America’s Leading Business Lawyers

Georgia Rising Star


Atlanta Magazine and Law & Politics, 2005, 2006

Approved Counsel on AIG’s Fiduciary Liability (ERISA) panel (one of only three such lawyers in Georgia)

Icon close

Close

Recognition

Leading ERISA litigator


Legal 500

Leading ERISA litigator


Best Lawyers in America

“Spirited and Focused” approach to ERISA class action litigation


Chambers USA: America’s Leading Business Lawyers

Georgia Rising Star


Atlanta Magazine and Law & Politics, 2005, 2006

Approved Counsel on AIG’s Fiduciary Liability (ERISA) panel (one of only three such lawyers in Georgia)