James Fielding

• Defended a major health care organization in a class action alleging the client breached ERISA’s fiduciary duties by retaining target date funds in its 401(k) plan through a multi-week bench trial, which resulted in an order denying all of the plaintiffs’ claims.
• Represented a nationwide transportation company in an ERISA class action challenging the prudence of investment management fees charged by investment funds included in the client’s 401(k) plan.
• Represented a leading domestic automobile manufacturer facing a class action alleging that the client’s 401(k) plan included imprudent proprietary investment funds.
• Defended a security services company in an ERISA class action alleging that the client’s health insurance plan unlawfully discriminated against participants by charging higher premiums to tobacco users.
• Authored a motion to dismiss a class action which accused a national food services company of violating ERISA by collecting surcharges from health insurance plan participants who used nicotine products.
• Obtained a partial dismissal of an ERISA class action brought against a nationwide employer challenging the prudence of investments offered in, and administrative fees charged to, the client’s 401(k) plan.
• Represented a client in a class action brought by participants in a defined contribution retirement plan who alleged that their pension benefits had been miscalculated under the plan’s early retirement provisions.
• Authored multiple successful motions to dismiss suits alleging wrongful denials of ERISA health plan benefits, and opposed appeals of those decisions filed before the Eleventh Circuit Court of Appeals.
• Obtained summary judgment on behalf of the client in a suit brought under ERISA that alleged a wrongful denial of health care benefits.
• Authored a brief successfully opposing a petition for writ of certiorari filed before the U.S. Supreme Court in a case regarding an alleged wrongful denial of employer sponsored life insurance benefits.

James Fielding represents clients facing complex employee benefit litigation. He defends employers and defined contribution plan sponsors in class action lawsuits alleging breaches of ERISA’s fiduciary duties regarding their investment offerings, administrative fees, and use of forfeitures. He represents welfare benefit plan sponsors facing class action lawsuits alleging that their plans charged unlawful tobacco or nicotine surcharges. He has also helped fiduciaries of defined benefit plans navigate lawsuits brought over pension calculations. Additionally, James has defended numerous clients in lawsuits alleging wrongful denials of claims for welfare benefits.

Before joining Alston & Bird, James worked for a large law firm focused on defending and advising employers through a variety of labor and employment matters. He also defended clients in complicated wage-and-hour cases, workplace safety citations, and restrictive covenant disputes.

James earned his J.D. from the Emory University School of Law and graduated Order of the Coif. While at Emory, he interned for Judge William M. Ray II at the Court of Appeals of Georgia, coached and competed as a member of the Moot Court Society, participated in the Emory Law School Supreme Court Advocacy Program, and received both the Edward J. Henning Memorial Award and the State Bar of Georgia’s Employment Law Section Award for Outstanding Performance in Employment Law Courses.

Bar Admissions

• Georgia

Education

• Emory University (J.D., 2019)
• Columbus State University (B.S., 2016)