DiCarlo has more than 22 years of experience counseling ERISA plan sponsors and fiduciaries on regulatory compliance issues and litigating disputes. He 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 services providers regarding fiduciary issues, prohibited transactions, fee disclosure (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.
In the last 10 years alone, DiCarlo has argued seven cases in the federal Courts of Appeals, including cases in the First, Fourth, Sixth, Eighth and Eleventh Circuits, and has briefed many more.DiCarlo is a member of the Reporting and Disclosure subcommittee of the ABA’s Employee Benefits Committee. He is also co-authors of the COBRA litigation chapter in the Bloomberg BNA ERISA Litigation book. He has written extensively this year on the Department of Labor’s proposed fiduciary regulation.