Constangy, Brooks, Smith & Prophete, LLP

  • Established in 1946
  • Firm Size 181
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Attorney Awards
About Attorney Awards

ERISA Litigation

Our extensive ERISA expertise, combined with our litigation and trial experience, provides our ERISA Litigation practice with nationwide impact. This dynamic and ever- evolving practice group is comprised of lawyers possessing experience in a wide variety of litigation and administrative proceedings involving employee benefit plans. We regularly represent employers as plan sponsors and plan administrators in both routine and complex employee benefits litigation. In addition to litigating employee benefits matters, we counsel large and small companies and fiduciaries both in anticipation of litigation regarding employee benefits issues and in dealing with regulatory agencies.

Our litigation capabilities are enhanced by our firm’s broad experience with retirement and welfare benefit plans, administrative service contracts, and plan administration. Due to our strong labor relations practice, we hold significant experience in negotiating benefits claims (including plant closure benefits), controversies regarding multi-employer plan issues and contributions, and litigation and NLRB charges relating to benefits. We have successfully defended equal employment claims, including claims of benefits discrimination under the ADA and ADEA.

The following types of matters handled by members of our ERISA Litigation Group demonstrate our depth of experience and the complexity and range of issues that we litigate. These are critical factors in selecting counsel for benefits litigation and for advice in litigation-sensitive matters.

  • Breach of Fiduciary Duty Cases
  • Benefits Claims Cases
  • ERISA §510 Interference with Benefits Cases
  • Litigation over Changes to Retiree Medical Benefits
  • Litigation with Government Agencies
  • Cases Alleging Failure to Comply with the Reporting and Disclosure Requirements of ERISA
  • MPPAA Withdrawal Liability Cases
  • Multi-employer Plans Contribution Cases
  • ESOP-related litigation
  • Subrogation Cases

Benefits Representative Matters

Counseled numerous clients regarding obligations under new Internal Revenue Code Section 409A deferred compensation plan rules, including restructuring executive compensation and severance arrangements as well as employment agreements to satisfy the complex rules.

Advised clients regarding required and optional changes to qualified plans as a result of the Pension Protection Act of 2006, including significant new funding requirements for defined benefit plans and required and optional changes for 401(k) and other defined contribution plans.

Counseled companies (including publicly traded, closely held, tax-exempt and governmental employers) regarding retirement plans, executive compensation programs, and fringe and welfare benefit issues with a specific focus on the issues specific to the compliance, recruiting and retention issues facing each company.

Recently restructured retirement program to better match client’s recruiting and retention goals, including freezing of benefits under company’s defined benefit pension plan and enhancing defined contribution plan.

Assisted clients through merger and divestiture processes, including preparing and implementing new benefit plans for resulting companies for all types of benefit programs.

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Peer Reviews

4.7/5.0 (368 reviews)
  • Legal Knowledge

    4.8/5.0
  • Analytical Capability

    4.7/5.0
  • Judgment

    4.7/5.0
  • Communication

    4.7/5.0
  • Legal Experience

    4.7/5.0
  • 5.0/5.0 Review for Ms. Katie Kelley by a Staff Lawyer on 04/04/14 in Workers Compensation

    She is an excellent lawyer of the highest ethical standards. She's a hard worker and very knowledgeable in her field. I would be proud to have her represent me in a legal matter.

  • 5.0/5.0 Review for Mr. Thomas Scroggins by a Associate on 01/11/13 in Labor and Employment

    Tom is an asset to the legal community in both his experience and analytical skills but in his willingness to mentor to young lawyers to ensure the continued success of our profession. He is also active in the community and encourages other attorneys... Read more

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Diversity

Diverse History

Even in those early years of the 1940s, Frank’s partner was Mildred McClelland, one of a very few female attorneys practicing in Atlanta. Today, Constangy, Brooks & Smith has more than 130 attorneys in thirteen states, more than half of our associates are female, and women are leaders at the highest level of our firm through representation on the Executive Committee.

Constangy, Brooks & Smith has also been recognized for its efforts to foster a diverse legal workplace. 

  • The firm received the Exceptional Service Award presented by the Georgia Diversity Program of the State Bar of Georgia.
  • Constangy, Brooks & Smith maintains a Diversity Council comprised of attorneys from across its offices to address issues and promote diversity within the firm.

The firm prides itself in its inclusive environment that values and utilizes the contributions of people with different backgrounds, experiences and perspectives. The diversity of those who work for Constangy is one of its greatest strengths. Attorneys bring a variety of backgrounds to better serve a range of clients, which includes differences in geographical background, law schools, and career experience prior to practicing law, as well as religious affiliations and gender and ethnic backgrounds.

Commitment to Diversity

Constangy, Brooks & Smith recognizes that our clients and their employees, customers, and suppliers represent an ever-increasing multicultural and diverse society. Therefore, we believe that the recruitment, hiring, and retention of individuals with diverse backgrounds is integral to our providing the highest quality of legal services possible. Our commitment to diversity encompasses a broad spectrum of individual characteristics and experiences, including but not limited to race, gender, national origin, age, religion, sexual orientation, and disability. We recognize the benefits of a diverse work environment on firm morale, productivity, and success and believe that such diversity attracts the talented and well-rounded types of people that make our firm thrive.

All of Constangy’s policies, practices and processes benefit from having access to a range of different perspectives. Constangy takes into account these differences in its organizational structure, performance appraisal methods, recruitment and selection, and career development opportunities. Our firm recognizes that diversity makes a broader, richer environment that produces more creative thinking and solutions.

Constangy, Brooks & Smith is an equal opportunity employer. It is the policy of the firm, from recruitment through employment and promotion, including training and work assignments, to provide equal opportunity at all times without regard to race, color, religion, sex, sexual orientation, national origin, age or disability, or other status protected by federal or applicable state law. The firm provides an environment where all members, associates, administrators, managers and staff employees abide by the requirements of this policy so that no one associated with Constangy, Brooks & Smith is discriminated against.

Diversity Council

Constangy’s Diversity Council is comprised of a cross-section of members and associates from a variety of the firm’s offices. The Council exists to address issues of diversity within the firm, as well as within the communities where our attorneys live and work. The Diversity Council drafts and proposes programming and policy that create supportive and productive environments for diverse attorneys within our ranks, provide outreach to law schools, community and professional organizations, and encourage a culture in which differing points of view will be sought, and diversity valued. The Council also produces a semi-annual newsletter, The Diversity Connection, that details the firm’s initiatives and highlights attorneys’ involvement in outside organizations that aim to foster diversity and personal development.

Networking Groups

Networking groups provide an opportunity for individuals with similar interests to come together and discuss issues and concerns relevant to members of these groups. Constangy recognizes that unique issues sometimes affect attorneys who are women or individuals of color. To that end, Constangy actively supports networking groups for women and attorneys of color within the firm. Each networking group has an “Executive Committee Liason,” who serves as the group’s advocate before the firm’s Executive Committee, ensuring that the issues and concerns of the group are brought to the attention of the Executive Committee, and subsequently addressed by the firm.

Flexible Work Arrangements

Constangy, Brooks & Smith believes that well-rounded individuals make better attorneys who provide better service to clients. Unlike most law firms, biographical sketches presented publicly on our firm website note attorneys’ personal interests and activities outside the law firm. We encourage attorneys to be active in their communities while we strive to provide a family-friendly workplace. Based on the needs of each office, the firm’s associates and members may have the opportunity for flex-time status that permits them to work less than a full-time schedule due to family or extraordinary personal reasons. The firm recognizes the external factors affecting its attorneys such as changes in the family structure, single parent families, dual-career couples, and other community pressures. The firm’s policy providing for flex-time work arrangements enables talented attorneys to more effectively manage their personal and professional lives.

Flexible work arrangements provide attorneys who are seeking work patterns, which integrate work and family roles more fully, with an opportunity to advance their careers with the firm. An associate working under flexible time status will have his or her budgeted billable hours reduced in a corresponding percentage; will have the non-billable matters such as participation in business development, bar activities and other non-billable matters reduced correspondingly; and will be eligible for a prorated amount of salary and the annual productivity bonus available to associates.

Leave Policies

The firm’s leave policies are structured with the focus on increasing recognition and nurturing a culture that is devoted to the value of diversity and empowerment as essential elements of the firm’s success. Constangy’s leave policies provide a balanced approach that ensures both the provision of quality service to our clients and the firm’s commitment to diversity in a manner that benefits both the attorneys and the firm’s environment. Among the many benefits that Constangy, Brooks & Smith provides to associates are paid vacation benefits accrued during the calendar year based on the years of completed service; annual personal days and sick leave; and paid bereavement leave.

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