Mr. Dietz joined Bass, Berry & Sims PLC in 1983 and has been a Member since 1989. He previously served as chair of the Litigation Practice Area and as the litigation representative on the firm's Executive Committee. He currently serves as leader of the Compliance and Government Investigations Group and as the firm’s liaison partner for its Washington D.C. office. Mr. Dietz focuses his practice on internal investigations involving healthcare fraud and abuse and the Foreign Corrupt Practices Act (FCPA) and complex business and commercial litigation, including cases involving shareholder class action litigation, business torts, trade secrets, healthcare law and mergers and acquisitions. He represents a wide range of business and individual clients in state and federal court, in mediation and arbitration and in pre-litigation dispute resolution. Mr. Dietz is listed in Best Lawyers®, the 2008 Super Lawyers, Corporate Counsel Edition and has been named one of Tennessee's leading litigation lawyers since 2003 by Chambers USA.
Representative matters include the following:
Internal Investigations and Special Projects
- Multiple investigations involving the Foreign Corrupt Practices Act (FCPA) including on-site investigations in Africa, Asia and Europe.
- Lead litigation counsel in several cases for numerous healthcare companies, including qui tam/whistleblower cases. Lead counsel for HealthSpring Inc. in Osheroff v. HealthSpring Inc. et al (M.D. TN)(United States declined intervention)
- Lead counsel for Fortune 100 company's investigation of congressional whistleblower and Dodd Frank whistleblower.
- Nationwide monitorship to a Big 4 accounting firm to assess compliance with SEC remedial order with written report to SEC.
- Lead counsel in internal investigation for healthcare administrative services provider in federal and state public corruption probe involving Tennessee's Medicaid (TennCare) program. Conducted by U.S. Attorney, FBI and TBI.
- Representation of various healthcare companies in response to a federal or state subpoena.
- Lead counsel for nationwide senior assisted living company for multiple investigations into allegations of resident abuse or neglect.
- Lead counsel for national bank in investigation of theft of customer funds through malware installed by foreign criminal enterprise on customer’s computer system.
- Lead counsel in internal investigation at a national bank regarding embezzlement by bank President and CEO and serving as lead counsel in litigation with numerous parties, including fidelity bond and D&O bond litigation. Case also involved investigation by the FBI, the OCC and the U.S. Attorney.
- Participant in eight-year investigation of business activities of Tennessee banker Jacob F. Butcher including search for concealed assets and unwinding of complex business transactions involving multiple banks.
Shareholder Class Action Cases
- Co-counsel for Dollar General Corporation in successful defense of motion to enjoin shareholder vote on $7.3 billion "going private" transaction.
- Lead counsel for Intergraph Corporation in successful resolution of shareholder class action regarding "going private" transaction.
- Lead counsel for significant shareholder in Central Parking Corporation shareholder class action regarding "going private" transaction.
- Local counsel for HCA Inc. in successful resolution of shareholder class action regarding $33 billion "going private" transaction.
Other Representative Cases
- Lead counsel for AirTran/Southwest Airlines in defending RICO claims in U.S. District Court for the Middle District of Tennessee.
- Lead counsel for TeleCheck. Inc. in two week federal court jury trial resulting in complete defense verdict on all allegations regarding Fair Credit Reporting Act.
- Lead counsel for insurance company in nationwide class action alleging failure to provide refunds on policy premiums.
- Lead counsel for Studsvik Inc. in breah of contract case (benchtrial resulting in judgement for client).
- Lead counsel for individual board members and officers charged with breach of fiduciary duties and various business torts.
- Lead counsel for automobile parts manufacturer in $250+ million breach of warranty case filed by automobile manufacturer.
- Lead defense counsel in large consumer class action case in federal court for a national bank client.
- Successful defense of $151 million lender liability claim against national bank client.
- Lead counsel in case to prevent a competitor from obtaining injunctive relief against newspaper publisher for alleged trademark infringement claims.
- Several cases involving breaches of representations and warranties in asset purchase or merger/acquisition agreements.
- Successful resolution of two trade secret cases involving theft of trade secrets by employee (theft of manufacturing formulae and theft of confidential information by former employee via company computer system).
- Lead counsel in obtaining injunctive and other relief for shareholders in corporate control contest.
- Successful defense of litigation challenging client's merger and acquisition agreement, preventing injunction of $100 million plus transaction.
- Successful representation of oil company franchisee in federal court to enforce federal and state petroleum marketing statutes.
Mr. Dietz's recent speaking engagements include:
- "Hot Topics in Compliance," ACC's Compliance and Ethics Training Program, April 29-30, 2013.
- "Highlights from DOJ & SEC Guidance on FCPA," ACC Webcast, April 17, 2013.
- “Corrupt Practices – Exploring Preventative Measures for Global Employers,” 2013 Lex Mundi Labor and Employment and Employee Benefits and Pensions Joint Practice Group Global Meeting, January 24-25, 2013.
- "The Role of the Board in FCPA Compliance: How to Effectively Communicate with the Board and Ensure Board Buy-In and Support of Your FCPA Compliance Initiatives," 28th National Conference on the Foreign Corrupt Practices Act - Washington, D.C., November 15-16, 2012.
- "FCPA - Keeping Your Board on the Straight and Narrow," 9th Annual Boardroom Summit - New York, NY, October 5, 2012.
- "Hot Topics Impacting Healthcare Compliance," Tennessee Hospital Association Compliance Committee - Nashville, TN, December 7, 2011.
- "Global Trends in Litigation/The Growing Intersection of Litigation, Investigations and Privacy Laws," ACC New York Chapter - New York, NY, December 1, 2011.
- "Anti-Corruption Regulation in the Middle East," Lex Mundi Regional Conference - Dubai, United Arab Emirates, October 29, 2011.
- "Privilege and Privacy Issues in Global Outsourcing," Global LPO Conference - Los Angeles, CA, October 5, 2011.
- "Conducting Cross Border Internal Investigations," International Law Office (ILO) Global Counsel Congress - New York, NY, 2011.
Mr. Dietz graduated from Emory University in 1977 and received his law degree, cum laude, from Georgetown University Law Center in 1982 where he was associate editor of The American Criminal Law Review. Upon graduating from law school, he served as a judicial law clerk for the Hon. Thomas A. Wiseman, Jr., U.S. District Judge, Middle District of Tennessee. He was a legislative assistant and media aide to former U.S. Senator Jim Sasser from 1977 to 1981.
Mr. Dietz is active in civic and political affairs. He is past president and chair of Nashville Pro Bono, Inc. and served as board chair at Martha O'Bryan, Inc. a Section 501(c)(3) community organization. He formerly served on the board of the Nashville Bar Association and the Nashville District of the National Conference for Community and Justice (NCCJ).
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