Patrick DiCarlo has over 25 years of experience counseling ERISA plan sponsors and fiduciaries on regulatory compliance issues and litigating disputes. Mr. DiCarlo has counseled and represented some of America’s largest employers regarding fiduciary and prohibited transaction concerns, service provider fees, investments in employer securities, the prudence of particular investments and investment policies, executive compensation disputes, disclosure issues and challenges to benefit claim review procedures and decisions. His practice has focused on counseling plans and financial service providers regarding fiduciary issues, prohibited transactions, fee disclosure, designing benefit claim procedures and litigating benefit disputes of all types. He routinely litigates claims for retirement, life, health and disability benefits. Mr. DiCarlo has handled hundreds of retirement, life, health and disability disputes including related appeals. He also frequently litigates disputes concerning Employee Stock Ownership Plans (“ESOP”) and advises trustees.
Mr. DiCarlo is currently recognized by Chambers USA: America’s Leading Lawyers for Business as a leading individual in the ERISA Litigation category. He has also been listed in the 2017-2018 editions of The Best Lawyers in America©. 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 AV Preeminent rated by Martindale-Hubel. He is admitted to practice in Georgia and in federal courts throughout the country.
Alston & Bird, LLP – December, 1999 to July, 2018. Member of ERISA and securities litigation practice groups.
Carter & Ansley – 1996 to 1999. Personal injury defense, products liability defense, insurance coverage disputes, ERISA individual benefits and class action defense.
Oliver Maner & Gray – 1994 to 1996. Medical malpractice defense, personal injury plaintiffs’ representation, criminal defense, municipal liability defense.
Get in touch
We at The DiCarlo Law Firm know that finding the right attorney to represent you is a choice not to be taken lightly. That’s why we offer free consultations to walk you through your needs, the scope of your goals, and your budget.
Patrick DiCarlo is both comprehensively trained in the substantive aspects of ERISA compliance and is an experienced trial lawyer. Unlike attorneys who practice generally in the labor and employment space, and occasionally handle ERISA cases, Mr. DiCarlo has focused his practice on ERISA matters for over two decades. His experience includes a number of ERISA trials, federal appellate arguments and compliance work for some of America’s largest employers.
University of Georgia School of Law
J.D. cum laude 1993
University of Georgia
Awards & Accreditations
• The Best Lawyers in America© 2018-2019
• America’s Leading Lawyers for Business, Chambers USA
• AV Preeminent, Martindale-Hubel
• Georgia Justice Projects Grass Roots Justice Award 2014
• St. Thomas More Award 2012
• Federal courts throughout the country
ERISA cases in the federal appellate courts
• Cinotto v. Delta Air Lines, Inc., 674 F.3d 1285 (11th Cir. 2012)
• Prezioso v. Prudential, 748 F.3d 797 (8th Cir. 2014)
• Gayle v. UPS, 401 F.3d 222 (4th Cir. 2005)
• Cosey v. Prudential, 735 F.3d 161 (4th Cir. 2012)
• Casselman v. Aflac, 143 Fed.Appx. 507, 2005 WL 1492208, 35 Employee Benefits Cas. 1233 (4th Cir. 2005)
• Ervast v. Flexible Products Co., 346 F.3d 1007 (11th Cir. 2003)
“How Are the Fiduciary Duties under the DOL’s New Fiduciary Advice Rule Different from the Securities Laws?” Benefits Law Journal, Vol. 30, No. 3 (Autumn 2017)
ERISA Litigation, 6th Ed., Bloomberg BNA, Contributing Author, Chapter 29, COBRA Litigation
“’Fiduciary’ Defined: DOL’s Proposed New Rule Creates More Questions Than Answers” Benefits Law Journal, Vol. 28, No. 3 (Autumn 2015)
“Litigating Executive Compensation Disputes and How to Avoid Them” Benefits Law Journal, Vol. 21, No. 2 (Summer 2008)
“Collateral Consequences of Arrests and Convictions: Policy and Law in Georgia” Mercer University (2009), Dennard and DiCarlo