Sitting within its business litigation department, King & Spalding‘s ERISA litigation practice is widely recognised for its comprehensive capabilities, working in tandem with its employee benefits and executive compensation and tax and healthcare teams. Leading the Atlanta-based department, David Tetrick is sought after for defending class actions involving investments and excessive fees. Darren Shuler is increasingly active defending clients on cases in the health and welfare Space. Trial lawyer Dana Berkowitz also takes point on representing health systems and healthcare provider networks.
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Testimonials
Collated independently by Legal 500 research team.
‘I use Dana Berkowitz at this firm and I have to tell you I've had a lot of healthcare lawyers, but she is far away the best I've ever had. She's the best in the world.’
‘I went through a trial where Dana Berkowitz was the attorney that everyone else relied on to find evidence, specific parts of depositions, etc... But without looking it up. In a lawsuit, things can go different ways so to have someone during a trial when it's moving at a fast pace and a judge wants something, you have no idea the goodwill that it builds with the court to get them their information immediately. It sets you apart from opposing council; I saw it myself and it was extraordinary.’
‘This is a niche practice but King & Spalding is top of class and have really smart lawyers in this area.’
‘Darren Shuler is the best ERISA lawyer I have worked with in my career. He is determined - knows what he needs for proof in a case, detailed and dogged in his depositions, and works really well with expert witnesses. He is the real deal and someone who should be recognized as such in this area.’
Key clients
- The Home Depot Inc.
- Chevron Corporation
- Peabody Energy
- Archegos Capital Management
- DaVita Inc.
- Floor & Décor Holdings, Inc.
- Leprino Foods
- Molina Healthcare, Inc.
- Albertsons Companies Inc.
- RWJ Barnabas
- Cumulus Media Inc.
- Steward Healthcare System LLC
Work highlights
Obtained the dismissal of a novel ERISA class action that was filed against Home Depot in the Northern District of Georgia challenging how forfeited matching contributions were used in the company’s 401(k) plan.
Represents Home Depot in a U.S. Supreme Court appeal that seeks to challenge a significant victory we obtained in a certified ERISA class action involving the company’s 401(k) plan.
Represents Archegos Capital Management, LP and Archegos Fund LP (collectively, ACM), a hedge fund that made national headlines in 2021 when its prime brokers liquidated close to $10 billion in holdings.
Lawyers
Next Generation Partners
Junior partners with significant recognition from clients and peers in the market and key roles on multiple matters.
Practice head
David Tetrick
Other key lawyers
Darren Shuler; Dana Berkowitz