David Thornton helps employers deliver retirement, health and welfare benefits to their executives and employees. With more than 30 years of experience, he has developed a diverse practice counseling hundreds of public and private employers and non-profit organizations in drafting, maintaining and administering retirement plans ranging from $1 million to several billion dollars in assets, including many in the $100 million to $500 million asset range. He has deep experience in ESOP transactions, successfully navigating the significant fiduciary duty considerations and tax code requirements involved with these transactions.
David A. Thornton
Member
Memphis
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
David A. Thornton
Member
Memphis
dthornton@bassberry.com
https://www.bassberry.com/professionals/thornton-david-a/
Memberships
Memphis Bar Association — Treasurer (1992), Director (1991), Young Lawyers Division
Tennessee Bar Association — Corporation and Business Law Section
American Bar Association — Business Law Section
American Health Law Association (AHLA)
David Thornton helps employers deliver retirement, health and welfare benefits to their executives and employees. With more than 30 years of experience, he has developed a diverse practice counseling hundreds of public and private employers and non-profit organizations in drafting, maintaining and administering retirement plans ranging from $1 million to several billion dollars in assets, including many in the $100 million to $500 million asset range. He has deep experience in ESOP transactions, successfully navigating the significant fiduciary duty considerations and tax code requirements involved with these transactions.
Memberships
Memphis Bar Association — Treasurer (1992), Director (1991), Young Lawyers Division
Tennessee Bar Association — Corporation and Business Law Section
American Bar Association — Business Law Section
American Health Law Association (AHLA)
Representative Experience
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We represented AnovoRx Holdings, Inc., a leading provider of specialty pharmacy services and customized treatment and support programs that address...
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We represented a building materials company in the acquisition of a holding company that was owned 100% by an Employee Stock Ownership Plan (ESOP).
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Representation of Regent Surgical Health, an ambulatory surgery center management and development company, in its strategic investment from TowerBrook Capital Partners L.P., an international investment management firm, and Ascension Capital, an investment affiliate of Ascension.
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We represented an ambulatory surgery center in the sale of 100% of the stock of its operating company which was owned wholly by an Employee Stock Ownership Plan (ESOP).
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Representation of Complete Health Partners, a Pharos Capital Group primary care platform based in Jacksonville, Florida, in its acquisitions of two Birmingham, AL primary care practices, Northside Medical Associates and Adamsville Family Medicine
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Represented a recycling corporation in the establishment of an ESOP used to acquire 100% of the company in a leveraged transaction in the amount of $51.5 million
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Defended clients against roughly $26 million in ACA employer mandate penalties
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Represented a civil engineering company in establishing an ESOP, successfully acquiring 49% of the company in a leveraged transaction in the amount of $6.6 million
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Represented NN, Inc. (Nasdaq: NNBR) in its acquisition of Paragon Medical
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Represented an investment advisory and wealth management firm located in Memphis, Tennessee, with respect to its ESOP
Representative Experience
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Client Type:
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Client Type: Private Company
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Client Type:
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Client Type: Private Company
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Client Type: Private Company
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Client Type: Private Company
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Client Type: Private Company
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Client Type: Private Company
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Client Type: Public Company
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Client Type: Private Company
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Client Type: Private Company
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Client Type: Private Company
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Client Type: Public Company
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Client Type: Private Company
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Client Type: Public Company
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Client Type: Private Company
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Client Type: Public Company
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Client Type: Private Company
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Client Type: Private Company
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Client Type: Public Company
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Client Type: Nonprofit
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Client Type: Private Company
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Client Type: Public Company
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Client Type: Public Company
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Client Type: Private Company
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Client Type: Private Company
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Client Type: Public Company
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Client Type: Government
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Client Type: Private Company
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Client Type: Private Company
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Client Type: Private Company
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Client Type: Private Company
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Client Type: Public Company
Publications
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August 13, 2024 | HR Law Talk Blog
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May 17, 2024 | HR Law Talk Blog
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April 16, 2024 | HR Law Talk Blog
Past Events
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April 24, 2023 | Brentwood, TNTennessee Society of CPA's (TSCPA) Employee Benefit Plans Conference
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April 12, 2023 | Nashville, TennesseeChildren’s Hospital Association Human Resources Benefits Forum
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August 19, 2021 | Webinar
Media Mentions & Firm News
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August 15, 2024 | Best Lawyers®
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August 17, 2023 | Best Lawyers®
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August 17, 2023 | Best Lawyers®
Publications
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August 13, 2024 | HR Law Talk Blog
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May 17, 2024 | HR Law Talk Blog
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April 16, 2024 | HR Law Talk Blog
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August 16, 2023 | HR Law Talk Blog
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August 9, 2023 | Tennessee CPA Journal
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November 14, 2022 | BenefitsPRO
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August 6, 2021 | Firm Publication
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March 19, 2021 | BenefitsPRO, HR Law Talk Blog
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October 22, 2020 | HR Law Talk Blog
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May 7, 2020 | HR Law Talk Blog
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June 30, 2020 | Firm Publication
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March 26, 2020 | Firm Publication
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March 26, 2020 | Firm Publication
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June 30, 2020 | Firm Publication
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March 26, 2020 | Firm Publication
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March 26, 2020 | Firm Publication
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November 26, 2019 | Firm Publication
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September 7, 2016 | HR Professionals Magazine
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November 18, 2015
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May 27, 2015
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September 12, 2014
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April 30, 2014
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February 11, 2014
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April 19, 2013
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October 24, 2012
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June 29, 2012
Media Mentions & Firm News
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August 15, 2024 | Best Lawyers®
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August 17, 2023 | Best Lawyers®
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August 17, 2023 | Best Lawyers®
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February 15, 2023 | Behavioral Health Business
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November 29, 2022 | Super Lawyers
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August 23, 2022 | Behavioral Health Business
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August 18, 2022 | The Best Lawyers in America ©
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August 18, 2022 | The Best Lawyers in America ©
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November 30, 2021 | Super Lawyers
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August 20, 2021 | Best Lawyers
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August 19, 2021 | The Best Lawyers in America©
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December 11, 2020 | Mid-South Super Lawyers
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October 14, 2020 | Memphis Commercial Appeal
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August 20, 2020 | The Best Lawyers in America©
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August 20, 2020 | The Best Lawyers in America©
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November 5, 2019 | Mid-South Super Lawyers
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August 15, 2019 | The Best Lawyers in America©
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November 9, 2018 | Mid-South Super Lawyers
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November 9, 2018 | The M&A Advisor
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October 24, 2018 | Law360
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August 17, 2018 | The Best Lawyers in America
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August 17, 2018 | The Best Lawyers in America
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March 28, 2018 | Memphis Business Journal
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March 8, 2018 | Memphis Business Journal
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November 7, 2017
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August 15, 2017
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November 8, 2016
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August 15, 2016
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August 8, 2016 | The Commercial Appeal
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November 12, 2015
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November 9, 2015
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September 11, 2015
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August 24, 2015
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November 5, 2014
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August 18, 2014
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February 7, 2014
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November 19, 2013
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November 18, 2013
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August 15, 2013
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April 4, 2013
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November 11, 2012
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August 29, 2012
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July 20, 2012
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July 6, 2012
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November 22, 2011
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September 7, 2011
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July 20, 2011
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November 9, 2010
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August 24, 2010
Accolades
The Best Lawyers in America© — Employee Benefits (ERISA) Law; Litigation: ERISA (2006-2025)
Best Lawyers® — Memphis Litigation: ERISA “Lawyer of the Year” (2024, 2022); Memphis Employee Benefits (ERISA) Law “Lawyer of the Year” (2023, 2021, 2019)
Mid-South Super Lawyers (2006, 2010-2022)
Memphis Business Journal “Best of the Bar” — Private Firm, Large (2018 overall winner)
MBQ: Inside Memphis Business “Power Players”
Beta Gamma Sigma
Phi Eta Sigma
Phi Kappa Phi
Phi Alpha Delta
Golden Key
American Jurisprudence Award in Family Law
Accolades
The Best Lawyers in America© — Employee Benefits (ERISA) Law; Litigation: ERISA (2006-2025)
Best Lawyers® — Memphis Litigation: ERISA “Lawyer of the Year” (2024, 2022); Memphis Employee Benefits (ERISA) Law “Lawyer of the Year” (2023, 2021, 2019)
Mid-South Super Lawyers (2006, 2010-2022)
Memphis Business Journal “Best of the Bar” — Private Firm, Large (2018 overall winner)
MBQ: Inside Memphis Business “Power Players”
Beta Gamma Sigma
Phi Eta Sigma
Phi Kappa Phi
Phi Alpha Delta
Golden Key
American Jurisprudence Award in Family Law
Related Services
Related Industries
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University of Tennessee College of Law - J.D., 1984
Order of the Coif
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University of Tennessee - B.A., 1981
Education
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University of Tennessee College of Law - J.D., 1984
Order of the Coif
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University of Tennessee - B.A., 1981
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Tennessee, 1984
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U.S. District Court, Eastern District of Tennessee, 1984
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U.S. District Court, Middle District of Tennessee, 1984
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U.S. District Court, Western District of Tennessee, 1984
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U.S. Court of Appeals, Sixth Circuit, 1984
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U.S. Court of Appeals, Eighth Circuit, 1984
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U.S. Supreme Court, 2007
Admissions
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Tennessee, 1984
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U.S. District Court, Eastern District of Tennessee, 1984
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U.S. District Court, Middle District of Tennessee, 1984
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U.S. District Court, Western District of Tennessee, 1984
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U.S. Court of Appeals, Sixth Circuit, 1984
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U.S. Court of Appeals, Eighth Circuit, 1984
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U.S. Supreme Court, 2007