David
Tetrick, Jr.

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.