Doug Hinson is the leader of the firm's ERISA Litigation Group. He has led the defense of numerous Fortune 500, government, private and non-profit clients in all types of ERISA class actions, including 401(k) fee and employer stock matters, welfare benefit terminations, defined benefit calculation and anti-cutback actions, and severance matters. In addition, Mr. Hinson has substantial experience and expertise in securities, complex commercial and insurance class action litigation. Mr. Hinson's practice is national in scope. He has been recognized as a “national leader” in ERISA litigation by Chambers USA: America's Leading Lawyers for Business, Best Lawyers in America and The Legal 500 publications, and is listed in Who's Who in American Law and Super Lawyers magazine. Mr. Hinson is the chair of the Employee Benefits Committee of the Tort, Trial and Insurance Practice Section—and a member of the Joint Committee on Employee Benefits—of the American Bar Association.
- In re Nokia, Inc. ERISA Litigation (United States District Court for the Southern District of New York). Mr. Hinson recently won a motion to dismiss various claims brought by participants in the Nokia Retirement Savings and Investment Plan. The plaintiffs alleged that Nokia, Inc. and other Nokia, Inc. directors and officials engaged in breaches of the fiduciary duties of prudence and loyalty, the duty to communicate complete and accurate information to plan participants and beneficiaries, the duty to monitor, and co-fiduciary liability.
- George Williams et al. v. Rick Scott, et al. (Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida). Mr. Hinson currently represents Governor Rick Scott, Attorney General Pam Bondi, Chief Financial Officer Jeff Atwater and other Florida state government officials sued by numerous plaintiffs regarding recent legislative changes to the Florida Retirement System, and the state government's pension system, alleging illegal cutbacks and constitutional violations.
- McCullough et al. v. National Association of Counties, et al. (United States District Court for the Middle District of Florida). Mr. Hinson represents the National Association of Counties (NACo) in a putative nationwide class action alleging that NACo breached fiduciary duties arising under ERISA and/or state law based on their endorsement of products and services offered by its co-defendant, Nationwide Retirement Solutions, Inc. A motion to dismiss and opposition to the plaintiffs' motion for class certification are both still pending.
- Pension Benefit Guaranty Corporation v. Rolland Divin, et al. (United States District Court for the Middle District of Georgia). Mr. Hinson currently represents former members of the Tom's Foods Inc. Investment Committee against allegations regarding the retirement plan's purchase of employer-issued bonds. Summary judgment motions are pending.
- In re Colonial BancGroup, Inc. ERISA Litigation (United States District Court for the Middle District of Alabama). Mr. Hinson currently represents various officers and directors of Colonial BancGroup in an employer stock-drop putative class action filed in the wake of Colonial's bankruptcy. A motion to dismiss is pending.
Employer Stock-Drop Cases
- Edgar v. Avaya, Inc. et al. (United States District Court for the District of New Jersey; United States Court of Appeals for the Third Circuit). Mr. Hinson obtained a dismissal of all claims against Avaya and several individual defendants in this putative 401(k) employer stock-drop class action. Dismissal was affirmed on appeal by the Third Circuit. This case paved the way for numerous early dismissals of employer stock-drop cases around the country.
- Pedraza v. The Coca-Cola Company, et al. (United States District Court for the Northern District of Georgia). Mr. Hinson obtained a complete dismissal of the Coca-Cola Company and various defendants in this and two identical 401(k) employer stock class actions.
- Allegheny Energy, Inc. ERISA Litigation (United Stated District Court for the District of Maryland). Mr. Hinson defended Allegheny Energy and various individual defendants in a putative class action related to employer securities in a 401(k) plan. The claims were settled on very favorable terms while our motion to dismiss was pending.
- Ward v. Avaya, et al. (United States District Court for the District of New Jersey; United States Court of Appeals for the Third Circuit). Mr. Hinson obtained a dismissal of all claims against Avaya and several individual defendants in this putative 401(k) employer stock class action. Dismissal was affirmed on appeal by the Third Circuit.
- Hill v. BellSouth Corporation, et al. (United States District Court for the Northern District of Georgia). Mr. Hinson defended BellSouth and various individuals in this and two other class actions arising from investments in BellSouth stock through a 401(k) plan. After we defeated class certification, the matter settled on very favorable terms, with no cash payment to the class.
- Schaubs v. Scientific-Atlanta, Inc., et al. (United States District Court for the Northern District of Georgia). Mr. Hinson defended Scientific-Atlanta and various individuals in this class action alleging breach of fiduciary duty in connection with employer securities in a 401(k) plan. The plaintiffs abandoned all ERISA claims in the face of our motion to dismiss.
- Martin v. AAIPharma, et al. (United States District Court for the Eastern District of North Carolina). Mr. Hinson represented the defendants, who were alleged to be fiduciaries in this putative class action alleging breach of various fiduciary duties related to employer securities in a 401(k) plan. It settled on very favorable terms while our motion to dismiss was pending.
- Brown v. Mirant Corporation, et al. (United States District Court for the Northern District of Georgia). Mr. Hinson successfully resolved claims against Mirant and related individuals in this class action alleging breach of fiduciary duty in connection with employer securities in a 401(k) plan while our motion to dismiss was pending.
- Darlington v. Louisiana-Pacific Corporation, et al. (United States District Court for the District of Oregon). Mr. Hinson defended Louisiana-Pacific and various individuals in this and another similar class action based on a decline in the value of employer securities in a 401(k) plan. This case is among the first in the country to have been brought without a companion securities class action. It settled on very favorable terms after we defeated the plaintiffs' class certification motion.
- Healthways, Inc. ERISA Litigation (United States District Court for the Middle District of Tennessee). Mr. Hinson represented Healthways, Inc., and related individuals in an employer stock putative class action. After defeating the first of two cases, the second case settled while our opposition to class certification was pending.
ESOPs
- United States Sugar ERISA Litigation (United States District Court for the Southern District of Florida). Mr. Hinson represented the chairman and another member of the board of directors of United States Sugar in this putative class action involving claims of breach of fiduciary duties in connection with a private company ESOP and the company's rejection of an unsolicited transaction proposal. After defeating many of the claims on a motion to dismiss, it settled on favorable terms while motions for summary judgment on the remaining claims were pending.
- Herman v. NationsBank Trust Co. (the “Polaroid ESOP Litigation”) (United States Court for the Northern District of Georgia; United States Court of Appeals for the Eleventh Circuit). Mr. Hinson successfully defended the ESOP trustee in this lawsuit by the U.S. Department of Labor alleging breach of fiduciary duty in connection with participant-directed voting on the Polaroid/Diamond Shamrock Tender Offer. The case was settled on favorable terms.
- Atwood et al. v. Burlington Industries Equity, Inc. et al., 908 F. Supp. 319 (United States District Court for the District of North Carolina). Mr. Hinson defended an ESOP Trustee in a class action lawsuit by Burlington employees alleging numerous breaches of fiduciary duty arising from the Burlington Industries LBO.
- Flake et al. v. Highwoods, et al. (United States District Court for the District of Kansas). Mr. Hinson successfully defended Highwoods (a REIT) and a prominent Kansas City developer (J.C. Nichols Company), as well as individual fiduciaries and directors, on both securities and ERISA class action claims based on disclosures related to Highwoods' merger with J.C. Nichols. We obtained dismissal of certain ERISA claims and summary judgment against all others.
Defined Benefit /Cash Balance Plans
- Delta Air Lines Pension Plan Litigation (United States District Court for the Northern District of Georgia). Mr. Hinson defended Delta in this multidistrict class action lawsuit challenging the calculation of lump sum and annuity benefits under The Delta Pilots Retirement Plan. This matter settled on favorable terms while our motion for summary judgment was pending.
- Parry, et al. v. SBC/Cingular Wireless, et al. (United States District Court for the District of Connecticut). Mr. Hinson defended Cingular in this multiparty class action asserting a variety of claims under Cingular's defined benefit cash balance plan.
- Cinotto v. Delta Air Lines, Inc. (United States District Court for the Northern District of Georgia; United States Court of Appeals for the Eleventh Circuit). Mr. Hinson represents Delta in this challenge to the freezing of a defined benefit plan. The district court dismissed the case, finding no improper cutback of benefits. The case is currently on appeal in the Eleventh Circuit.
Retiree Welfare Benefits Termination
- Savani v. Washington Group International, Inc., et al. (United States District Court for the District of South Carolina; United States Court of Appeals for the Fourth Circuit). Mr. Hinson successfully defended Washington Group and related individuals and entities in this challenge to termination of retiree health and welfare benefits, obtaining summary judgment on all claims. This matter is currently on appeal before the Fourth Circuit.
Investment/Fee Based Fiduciary Duty Claims
- Franklin et al. v. First Union Corporation et al., 84 F. Supp. 2d 720 (United States District Court for the Eastern District of Virginia). Mr. Hinson successfully defended two class action lawsuits alleging breaches of fiduciary duty in connection with the selection of investment options under a self-directed 401(k) plan and the sale by First Union's 401(k) plan of spin-off stock. We won partial summary judgment on the first of the two lawsuits and settled all remaining claims.
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Alston & Bird’s client, the State of Florida, today won a major victory in the Supreme Court of Florida, which ruled 4 to 3 that the 2011 Pension Law was constitutional, closing a nearly $1 billion per year hole in the budget of the State of Florida.
January 17, 2013
In the Press
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Eighteen Alston & Bird attorneys across a wide range of practices have been named a 2013 “Lawyer of the Year” by Best Lawyers, one of the oldest and most respected peer-review publications in the legal profession. The “Lawyer of the Year” award is based on peer review and is given to those attorneys who received the highest average of votes in both their specific geographic location and practice area.
September 18, 2012
In the Press
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One hundred and forty-seven Alston & Bird attorneys have been selected for inclusion in the 2013 edition of The Best Lawyers in America. The publication is universally regarded as among the few definitive guides to legal excellence, and its rankings are based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas.
September 18, 2012
In the Press
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Doug Hinson was quoted in a Law360 article discussing a case on the U.S. Supreme Court’s 2012-2013 docket that, according to the article, could change the landscape of litigation over employee benefits.
August 20, 2012
In the Press
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June 7, 2012
In the Press
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September 12, 2011
In the Press
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July 5, 2011
In the Press
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August 30, 2010
In the Press
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June 11, 2010
In the Press
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This advisory discusses the Supreme Court’s recent decision in US Airways v. McCutchen—a decision that can best be described as a half-victory for sponsors and administrators of ERISA-governed plans. In a 5-4 ruling that “has two parts, one favoring US Airways, the other McCutchen,” the Supreme Court held that, in an action brought under Section 502(a)(3) of ERISA based on an equitable lien by agreement, the terms of the ERISA plan govern. Neither general principles of unjust enrichment nor specific doctrines reflecting those principles (such as double-recovery or common-fund rules) can override the applicable contract. However, if the plan terms do not proscribe who will bear the costs of recovery, the common-fund doctrine provides the best indication of the parties’ intent. Though the Supreme Court did not allow equitable defenses to eviscerate and override plan terms, this decision reinforces the importance of ensuring plan terms are sufficiently clear and specific.
April 18, 2013
Advisories
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September 6, 2012
Publications
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May 11, 2012
Blog Posts
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July 2011
Publications
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March 2007
Publications
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"ERISA Section 502(a)(3) Remedies After Great-West Life v. Knudson," Report for 2007 Midwinter Meeting of the Employee Benefits Committee of ABA Tort & Insurance Practice Section.
Winter 2007
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"ERISA at 30: Employer Stock Class Actions and Differences of Opinion -- An Update," 31 Pension & Benefits Reporter 2036, September 14, 2004.
September 14, 2004
Past Events
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January 22-23, 2013
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October 5, 2012
Seminar
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June 4-6, 2012
Seminar
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March 29, 2012
Seminar
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January 12-14, 2012
Seminar
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January 4-8, 2012
Seminar
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October 20-21, 2011
Seminar
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September 22, 2011
Seminar
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June 14-16, 2011
Seminar
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January 5-9, 2011
Seminar