In the past year alone, David Thornton has re-qualified a retirement plan with more than $100 million in assets; worked with multiple large employers to implement competitive executive compensation arrangements that are 409A compliant; assisted large and mid-size employers in more than $200 million in corporate transactions with an employee benefits component; created a successful three-part webinar series on the Affordable Care Act (ACA); and established a Multiple Employer Welfare Arrangement (MEWA) with 2,500 employees across three states. He counsels his clients on the complexities of compliance with the ACA, potentially saving them millions in Play or Pay penalties. As chair of the firm's Employee Benefits Practice Group, David leads a team of attorneys whose goal is to help employers deliver health and welfare and retirement benefits to their executives and employees.
David works with for-profit and nonprofit employers, plan fiduciaries, employees, third-party administrators, insurers and other providers of employee benefit plans and programs. His practice involves:
As a former Employee Retirement Income Security Act (ERISA) litigator, David helps companies navigate the intersection of litigation and business concerns. He successfully defended a case, Osborne v. Hartford Life & Accident Ins. Co., that went all the way to the U.S. Supreme Court, and resulted in a change to the interpretation of the word "occupation" under ERISA. The new definition still stands today. His deep understanding of ERISA allows David to provide practical advice in the complex landscape of employee benefits law. David often collaborates with attorneys including those in the Corporate, Healthcare and Litigation Practice Groups on employee benefits issues related to mergers, acquisitions and tax matters for clients.
Practice areas
Languages spoken
English
State | Status | Acquired | Updated |
---|---|---|---|
TN | Active | 1984 | 06/29/2022 |
Legal answers | 0 |
Legal guides | 0 |
Award name | Grantor | Date Granted |
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Recognition | Best Lawyers in America | 2016 |
Recognition | Best Lawyers in America | 2015 |
Recognition | Super Lawyers | 2014 |
Recognition | Best Lawyers in America | 2014 |
Recognition | Super Lawyers | 2013 |
Recognition | Best Lawyers in America | 2013 |
Recognition | Super Lawyers | 2012 |
Recognition | Best Lawyers in America | 2012 |
Recognition | Super Lawyers | 2011 |
Recognition | Best Lawyers in America | 2011 |
Recognition | Best Lawyers in America | 2011 |
Recognition | Super Lawyers | 2010 |
Recognition | Best Lawyers in America | 2010 |
Recognition | Best Lawyers in America | 2009 |
Recognition | Best Lawyers in America | 2008 |
Recognition | Best Lawyers in America | 2007 |
Recognition | Best Lawyers in America | 2006 |
Recognition | Super Lawyers | 2006 |
Title | Company name | Duration |
---|---|---|
Member | Bass, Berry & Sims | 2005 - Present |
Association name | Position name | Duration |
---|---|---|
Memphis Bar Association | Member | N/A |
Tennessee Bar Association, Business Law Section | Member | N/A |
Tennessee Bar Association, Corporate Counsel Section | Member | N/A |
American Bar Association, Business Law Section | Member | N/A |
Order of the Coif | Member | N/A |
American Health Lawyers Association | Member | N/A |
Memphis Bar Association, Young Lawyers Division | Treasurer | 1992 - 1993 |
Memphis Bar Association, Young Lawyers Division | Director | 1991 - 1992 |
Publication name | Title | Date |
---|---|---|
Bass, Berry & Sims Alert | 2014 ERISA Welfare Plan Automatic Participant Disclosures Checklist | 2014 |
Bass, Berry & Sims Alert | New HIPAA Privacy and Security Rules Impact Employer-Sponsored Group Health Plans | 2013 |
Law360 | Some 6th Circ. Employers May Be Owed FICA Tax Refunds | 2012 |
School name | Degree | Graduated |
---|---|---|
University of Tennessee College of Law | JD - Juris Doctor | 1984 |
University of Tennessee | BA - Bachelor of Arts | 1981 |
Conference name | Title | Date |
---|---|---|
Employment Hot Topics | ACA Reporting | 2015 |
Legacy Wealth Management Lunch n Learn | Fees Uncovered In Your Company's 401(K) Plan: High or Low, And How Do You Know? | 2014 |
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