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Experience
Counsel to Employers in Defined Benefit Pension Plans
Advised multiple employers in connection with termination of defined benefit pension plans and de-risking and annuitizing pension plan liabilities.
Counsel to Employer in Affordable Care Act Matters
Successfully reduced or eliminated IRS assessment of employer shared responsibility penalties under the Affordable Care Act.
Pension Benefits
Represented client before PBGC in connection with post-pension plan termination audit, successfully resolving PBGC assertions regarding the miscalculation of plan benefits and numerous compliance related matters, resulting in PBGC's finding that no laws had been violated in connection with the pension plan's termination.
Successful Defense of Bank in ERISA Action
Defended a regional bank in an ERISA company stock drop class action, alleging that its stock was an imprudent 401(k) Plan investment during a certain time period.
Stock Compensation Plan for Financial Institution
Designed and implemented a stock compensation plan for a regional financial institution, successfully obtaining shareholder approval despite shareholder activist objections to the plan.
Successful Defense Against ERISA Violations
Assisted in successfully defending a global medical supply company against allegations of ERISA violations stemming from the investment of that company’s profit-sharing plan in employer securities.
Successful Representation of Municipality in Pension Benefits Arbitration
Represented a large municipality in an arbitration over a grievance that sought to increase retiree pension benefits by several million dollars annually. We obtained an award in favor of the municipality denying the claim for increased benefits.
Successful Defense of Kmart in ERISA Class Action
Successful defense of senior Kmart executives in class actions asserting ERISA fiduciary duty claims relating to Kmart's employee savings plan.
Successful Defense of Kmart in ERISA Class Actions
Defended Kmart in multiple ERISA class actions in Texas and Colorado, arising from the stock sale of a subsidiary, Furr's Cafeterias and Bishop Buffets, and the alleged underfunding of the spin-off pension plan.
ERISA Compliance
Represented a regional bank holding company in the conversion of common trust funds to proprietary mutual funds. Numerous ERISA compliance issues were presented, including regulators' assertion of prohibited transactions with respect to the common trust funds and to all retirement plan investments. In addition to the successful conversion, regulatory agencies withdrew all assertions of prohibited transactions.