Mr. DiCarlo has over 18 years of experience litigating employee benefit disputes, and counseling plan sponsors and fiduciaries on regulatory compliance issues and litigation avoidance. Mr. DiCarlo has counseled and represented some of America's largest employers in disputes stemming from service provider fees, investments in employer securities, the prudence of particular investments, executive compensation disputes, disclosure issues and challenges to benefit claim review procedures and decisions. Recently, his practice has focused on counseling clients regarding the new fee disclosure regulations (including drafting participant disclosures and investment policy statements), designing benefit claim procedures and litigating benefit disputes of all types. He also advises plan fiduciaries and service providers on the structuring of financial products and related fiduciary and prohibited transaction concerns.
Mr. DiCarlo is currently recognized by Chambers USA: America’s Leading Lawyers for Business as a leading individual in the ERISA Litigation category. He received his J.D. degree, cum laude, from the University of Georgia School of Law in 1994, and his B.A. from the University of Georgia in 1991. He is a member of the Reporting and Disclosure subcommittee of the ABA’s Employee Benefits Committee.
- Argued successfully before the Eleventh Circuit in a suit challenging the effectiveness of an amendment freezing pension benefits under the anti-cutback rule. Cinotto v. Delta Air Lines, Inc., 674 F.3d 1285 (11th Cir. 2012).
- Lead counsel in a case in which the Fifth Circuit reversed summary judgment for the plaintiff and mandated the entry of a judgment for the defendant. Marrs v. Prudential, 444 Fed. Appx. 75 2011 WL 4216226 (C.A. 5 (La.)).
- Lead counsel is a case in which the Second Circuit affirmed summary judgment for the defendant Baird v. Prudential, 458 Fed. Appx. 39, 2012 WL 255222 (C.A.2 (N.Y.)).
- Obtained dismissal of a class action challenging the prudence of investments in employer securities. In re Nokia ERISA Litigation.
- Defense counsel in a case alleging huge losses associated with a decline in the value of company stock in a 401(k) plan. Pedraza v. Coca-Cola, 456 F.Supp.2d 1262, 2006 WL 2934989 (N.D.Ga. 2006).
- Independent counsel to a plan committee for the purposes of a classwide claim challenging the plan’s offset provisions. White v. Coca-Cola,542 F.3d 848, 850-51 (11th Cir. 2008).
- Defense counsel in a stock drop case alleging billions in damages, as well as a related securities fraud suit. Hill v. BellSouth, 313 F.Supp. 2d 1361 (N.D.Ga 2004).
- Argued successfully before the Fourth Circuit Court of Appeals in a case challenging claim handling procedures. Gayle v. UPS, 401 F.3d 222 (4th Cir. 2005).
- Counsel for a major airline in a five-year dispute over actuarial methods used to calculate defined pension benefits and alleged cut-back. See generally Waeltz v. Delta, 301 F3d 804 (7th Cir. 2002).
- Argued successfully before the Fourth Circuit on the issue of whether individual insurance policies sold through “cafeteria plans” are subject to ERISA preemption. Casselman v. Aflac, 143 Fed. Appx. 507, 2005 WL 1492208, 35 Employee Benefits Cas. 1233 (4th Cir. 2005).
- Lead counsel for a major chemical company in a week-long jury trial in state court on breach of fiduciary duty for failure to disclose a claim. See generally Flexible Products v. Ervast, 284 Ga.App. 178, 643 S.E.2d 560 (2007) (finding in favor of the defendants in a non-disclosure claim brought by a minority shareholder).
- Defeated RICO, ERISA and state law securities claims in an ESOP valuation dispute. Cook v. Campbell, 482 F.Supp.2d 1341 (M.D.Ala. 2007).
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On Thursday, October 4, the St. Thomas More Society members honored Alston & Bird attorney
Pat DiCarlo and his uncle, Lane Dennard, at the annual Red Mass Luncheon and Awards Ceremony held following mass.
October 11, 2012
Community Service
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June 7, 2012
In the Press
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July 5, 2011
In the Press
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June 11, 2010
In the Press
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"Procedural Errors as a Basis for Awarding Employee Benefits," Law360, September 18, 2012.
September 18, 2012
Publications
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Summer 2008
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March 2008
Publications
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March 2008
Publications
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"The New 401(k) Fee Litigation: What Are The Implications For Plan Sponsors and Service Providers?" Journal of Pension Planning & Compliance, Vol. 33, No. 3, Fall 2007.
Fall 2007
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10 May 2007
Publications
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“Fiduciary Disclosure: Company Stock in Defined Contribution Plans,” Compensation and Benefits Review, May/June 2006.
May/June 2006
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“ERISA’s Anti-Cutback Rule: The Pitfalls of Plan Modification,” Employee Benefit Plan Review, Vol. 60, No. 12, 2006.
2006
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"Hybrid Claims Under ERISA and the Securities Laws,” Securities Litigation Forms and Analysis, 2005.
2005
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“Fiduciary Duties and Investments in Employer Securities,” Journal of Pension Planning and Compliance, Vol. 29, No. 1, 2003.
2003
Past Events
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April 23, 2012
Seminar
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January 5-9, 2011
Seminar
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January 6-10, 2010
Seminar
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November 3, 2009
Seminar
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November 17-18, 2008
Seminar
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November 12, 2008
Seminar
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June 8, 2008
Seminar