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) (Case dismissed with prejudice based on public disclosure bar).
- Lead counsel for Fortune 100 company's investigation of congressional whistleblower and Dodd Frank whistleblower.
- Nationwide monitorship to a global 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 and resulted in prosecution of a Tennessee State Senator.
- 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 by foreign cyber theft ring.
- 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.
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 Studsvik Inc. in breach of contract case (bench trial resulting in judgment for client).
- 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).
Mr. Dietz's recent speaking engagements include:
- "Managing Fraud and Corruption Risks in M&As," ACI's International Conference on the Foreign Corrupt Practices Act, November 18-21, 2013.
- "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. He is active in pro bono human rights cases.