Employee Benefits & Executive Compensation: District of Columbia

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THE FIRM This dedicated employee benefits and executive compensation firm comprises over 50 attorneys and is widely regarded as an unrivalled force within this field. The firm is well placed to advise employers on the finer details of international securities, multiemployer pension schemes, worker classification, healthcare reform and tax issues. It also has considerable experience in navigating the regulations surrounding fiduciary matters and executive compensation, and maintains close links with Congress and the Executive branch to promote its clients' interests and keep them well informed of developing policy and legislation.

Sources say: "We have a very high level of confidence in their work; Groom Law Group gets answers for us on complex problems and has great relationships with IRS personnel."

KEY INDIVIDUALS Gary Ford is described by his peers as "a leading light" in the field and is particularly well known for his handling of work involving ERISA Title IV. Ford has recently been representing American Airlines and its parent company AMR in relation to its bankruptcy. 

Clients remark on Louis Mazawey's "great quality lawyering," which is built upon several decades of experience in the field of ERISA law and executive compensation. He leads the plan design and taxation group, which ensures clients' benefit plans meet ever-changing regulatory standards. 

David Levine comes highly recommended by clients, who value his dedication and responsiveness He specializes in tax-exempt pension plans and both qualified and non-qualified retirement plans. Levine also acts as chair of the IRS Advisory Committee on Tax Exempt and Government Entities.

As chair of the executive compensation group, John McGuiness advises clients from a range of sectors on the design and implementation of compensation. 

Andrée St Martin is regarded as a go-to lawyer for financial institutions seeking advice in this field. She offers advice on ERISA and Title 1 matters, and has recently worked extensively with Fortune clients to address ERISA prohibited transactions relating to stable value investment products. 

THE FIRM This highly regarded group is lauded for being at the forefront of regulatory and legislative issues in this field. Its ex-DOL lawyers are well placed to offer guidance on evolving regulations, and this year saw the firm testify on behalf of the ERISA Industry Committee at hearings relating to proposed regulations issued by the US Treasury Department, DOL, and Department of Health and Human Services. The firm also counsels clients such as IBM, GE and PwC on a variety of benefits, compensation and transactional matters.

Sources say: "They're responsive and coordinate well with our in-house team. They spot the issues and propose a way forward."

KEY INDIVIDUALS Amy Moore heads the department and is a key contact for health-related matters as one of the lead partners in the firm's work for the ERISA Industry Committee. She also handles a range of other tax and ERISA-related matters. Clients say: "She takes complex matters and applies them in the appropriate way; she's consistent, solid, reliable and always there when you need her." 

The highly esteemed Richard Shea is "responsive to our needs - deep technically but adept at communicating. He is extremely diplomatic and treats everyone with respect," say clients. Shea advises clients such as Dow Chemical and IBM on a host of litigation, fiduciary, plan design and compliance matters. 

John Vine has over 35 years of experience advising on employee benefits and ERISA matters. He is widely considered to have a "sterling reputation" in this field and continues to be seen as "the most experienced on cash balance plans."

THE FIRM This practice enjoys close cooperation with the substantial corporate and international tax departments of the firm. A team of 12 dedicated benefits and compensation attorneys provides corporate clients with advice on health, welfare and pension plans, as well as compensation issues arising from large-scale M&A. Working in tandem with the strong tax practice, the firm's benefits lawyers guide clients through compliance; the past year has seen them help a number of employers obtain 409A amnesty under the recent IRS guidelines.

Sources say: "They were exceptional and I wouldn't hesitate to recommend them."

KEY INDIVIDUALS Rosina Barker is very highly regarded in this field, and is singled out for her knowledge of tax issues and her thoughtful approach. With years of experience in Congress, Barker is well placed to advise on the minutiae of ERISA and tax issues presented by benefits and compensation plans. 

Kevin O'Brien has a wealth of experience in plan design, ERISA fiduciary issues and executive compensation. He has advised both GE and IBM on a host of compensation and benefits matters; his peers describe him as being "very thoughtful and experienced."

THE FIRM Miller & Chevalier's benefits and compensation practice draws upon the firm's formidable expertise in the tax arena, and is particularly noted for its strengths in fringe benefits and ERISA law. The employee benefits practice regularly advises Fortune clients on matters such as 401(k) plans, retirement plans, compensation, health benefits and ERISA fiduciary rules. The firm's attorneys are also well placed to guide employers through DOL and IRS audits.

Sources say: "They've worked on a huge transaction and given us some executive compensation and qualified plan advice. They are a communicative, collegial firm."

KEY INDIVIDUALS Gary Quintiere is described variously as "a daring lawyer who thinks outside the box" and as someone who is "fabulous at customer service; he really makes sure he understands the clients' needs and business." 

Marianna Dyson has a wealth of experience in the field of payroll tax and fringe benefits. She frequently advises clients on withholding, compliance, and penalties. One client says: "She's the only person in the entire world I'd use; she's so good at employment tax."

Practice head Fred Oliphant is admired by clients who cite his meticulous approach to employee benefits work: "He's a very precise lawyer and isn't afraid to disagree, which makes us consider other options. He's even-keeled, even on contentious issues, and articulates very well." 

THE FIRM The Washington, DC branch of this impressive practice houses more than 20 dedicated practitioners, many of whom have worked for one of the various government agencies and are thus well placed to advise on DOL or IRS audits. The fringe benefits team recently collaborated with the tax group to file for billions of dollars of severance fund refunds for a conglomerate of companies; the firm presented arguments in the Sixth Circuit court on a test case. Key clients of the firm include Toyota, Google and JPMorgan Chase.

Sources say: "They have expert knowledge of securities law and investment requirements."

KEY INDIVIDUALS Former Treasury Department lawyer Daniel Hogans is admired by peers, who declare him to be "exceptional on deferred compensation - an excellent technician." Hogans works with clients on a range of matters, including ESOPs, ERISA, and equity and incentive compensation plans.

Mary Hevener continues to be lauded for her work on fringe benefits. Clients say: "She's extremely knowledgeable on compensation issues and has a proven record of obtaining favorable settlements from the IRS." She is considered a specialist on stock-based compensation and golden parachutes.

Donald Myers has considerable experience in representing banks and mutual funds, and was previously an attorney in the DOL. He helps clients to structure pension plan investment as well as advising on the fiduciary responsibility provisions of ERISA. 

THE FIRM This formidable ERISA practice is adept at handling both advisory and contentious matters for businesses. Clients seek out the firm's attorneys for counsel on fiduciary matters, compliance, and the benefit and compensation ramifications of swaps, prime brokerage and derivatives. Recently the team has been heavily involved in regulatory and legislative developments around the DOL's definition of fiduciary law. 

Sources say: "We admire their breadth, responsiveness and understanding of clients' needs."

KEY INDIVIDUALS Melanie Nussdorf is a Title I ERISA specialist who is variously described as a "guru" and a "star" by market sources. Her recent workload has included advising an investment manager on alleged fiduciary breaches and prohibited transactions, as well as acting for a financial institution in relation to corporate pension plans.

Paul Ondrasik is regarded as an excellent ERISA litigator, and has notable experience of acting in class action cases. Recently he has represented the National Electrical Benefit Fund in fiduciary-related matters.

Patrick Menasco is well known for his representation of financial institutions in benefits and compensation matters. He splits his time between the firm's DC and New York offices. 

"A team approach to problem solving and great knowledge of ERISA" ensure Anne Moran is seen as "understanding clients' needs and expectations." Moran continues to advise on pensions and savings plans, including adaptations in response to the healthcare reforms.

THE FIRM This DC team has established a solid reputation for its ERISA work, which complements a notable executive compensation practice. Its attorneys handle a range of contentious and noncontentious work, and they are frequently hired to assist in the drafting of employment agreements and bonus plans in the wake of mergers and acquisitions. Gibson, Dunn & Crutcher has also cultivated a thriving compliance practice, which sees its attorneys advise on private equity funds and their relationship to pension provision, as well as the impending healthcare reforms. The group recently worked with the National Football League in collective bargaining over employee benefits, and it has acted for Capital One in relation to employee benefits plans in the wake of a number of acquisitions. 

Sources say: "We appreciate their expertise and experience, availability, and collegial demeanor."

KEY INDIVIDUALS Michael Collins "has a mastery of his field," say sources, who also praise him as an "exceptional, accessible practitioner." He is the cochair of the practice, and has been busy advising Moody's on redesigning its executive compensation plans, among other high-profile work.

William Kilberg was Solicitor of the DOL when ERISA was first enacted, and he remains a key contact for ERISA litigation, among other work. His wealth of experience is clearly demonstrated in his high-stakes work, which has lately involved representing Boeing in a number of groundbreaking ERISA cases. "You won't find a more personable, client-oriented attorney," say sources.

THE FIRM This solid team continues to be regarded as expert in ERISA fiduciary law, and is experienced in representing clients faced with ERISA class action litigation. The group prides itself on offering interdisciplinary solutions to clients; attorneys from the labor and employment and corporate practices frequently address matters in collaboration with the employee benefits and compensation team.

Sources say: "A small but high-quality presence."

KEY INDIVIDUALS Head of practice Evan Miller is described as "practical and knowledgeable," and is widely regarded as a first point of contact on ERISA litigation matters. 

THE FIRM Alston & Bird is able to advise clients on a range of tax and compensation matters, audits, and regulatory and legislative developments, including issues relating to health and welfare. The firm is also noted for its handling of benefits and compensation issues arising from mergers, acquisitions and disposals. Recently the group was instructed by Ingersoll-Rand to handle all ERISA and employee benefits matters arising from its sale of an interest in Hussman International, while it handled similar issues for The Carlyle Group in its acquisition of CommScope.

KEY INDIVIDUALS David Godofsky is the practice group head.

THE FIRM This highly praised group is noted for its expertise on a range of transactional and advisory work, as well as ERISA litigation. Its attorneys are often sought after to fix or adapt employee benefits plans to ensure compliance, and the team is also able to offer advice on developing fields such as 'say on pay' rules.

Sources say: "A great combination of high intelligence, depth of expertise and the ability to make the complex simple. They provide me with a perspective and counsel that is appropriately distilled and actionable."

KEY INDIVIDUALS Quana Jew is widely praised for her measured and incisive approach to employee benefits and executive compensation matters: "She is thoughtful in the truest sense of the word. She understands our firm and her advice and counsel are always reasoned. She's just phenomenal!" 

William Charyk leads the team at the firm. His practice incorporates stock ownership plans, pension plans and deferred compensation, as well as the development of real estate investment vehicles. One source says: "He may be the smartest person I've ever met."

THE FIRM Davis & Harman is commended for its representation of its clients' interests before government agencies such as the IRS and the DOL. Its attorneys have considerable experience in the legislative sphere, and are able to advise on a range of benefits, compensation, insurance and ERISA matters. 

Sources say: "A top-notch lobbying practice."

KEY INDIVIDUALS Kent Mason is praised for his employee benefits practice, which incorporates insurance arrangements, deferred compensation and retirement plans. He is considered to be "a really bright guy; people rely on him tremendously." 

THE FIRM Hogan Lovells is viewed as a solid firm on executive compensation matters. The firm is well placed to handle clients' concerns over implications of the 'say on pay' provisions introduced under the Dodd-Frank Act. Other areas of expertise include advising on management restructuring and related benefits issues. Clients include American National Red Cross, Coldwater Creek and Ford.

KEY INDIVIDUALS Leading practitioner Kurt Lawson is seen as "a real technician." His recent work highlights have included representing ACL Transportation Services in a case revolving around a pension plan 'evergreen' clause.

THE FIRM Kilpatrick Townsend & Stockton is recognized for its handling of issues surrounding health and welfare benefits, while its workload also encompasses pension plans, complex tax provisions and ERISA litigation. The firm also advises clients on the benefits and compensation implications of mergers and acquisitions.

Sources say: "The most intelligent lawyers I have ever known. They move extremely quickly when we need fast turnaround, always have precise answers and anticipate our needs."

KEY INDIVIDUALS Clients cite Mark Wincek's "brilliant, problem solving" style. He is noted for his expertise in the field of welfare benefits and qualified retirement plans.

THE FIRM McDermott Will & Emery's DC office houses a strong benefits and compensation practice which frequently works with attorneys in the firm's Chicago office to serve national clients. The team has recently advised businesses on the implications of the national healthcare reforms, as well as 'say on pay' and disclosure pertaining to benefits and executive compensation. Publix Super Markets, the largest employee-owned company in the country, is an exciting addition to the firm's client list, which the firm is advising on a range of matters.

KEY INDIVIDUALS David Rogers is the practice head and is based in the firm's DC office.

THE FIRM This firm's DC benefits and compensation practice can also draw upon a strong team in the Baltimore office. The group advises clients on a range of executive compensation matters, pensions, retirement plans, and health and welfare plans.

KEY INDIVIDUALS Lisa Tavares is a key contact in the firm's DC office.

The "terrific" William Schmidt of K&L Gates is recognized for his successful ERISA fiduciary practice. He typically represents plans, insurance companies and banks.
Paul Hamburger of Proskauer Rose LLP is widely applauded for his dedication to improving clients' benefits plans. He is well versed in 401(k) plans, but his niche is generally agreed to be in the area of healthcare, an especially pertinent subject at present.
Adam Cohen of Sutherland Asbill & Brennan LLP is highly regarded by clients in this field: "He is phenomenal; he can anticipate our business and ensures everyone understands the parameters within which we can work."
Raymond Cotton of Mintz Levin Cohn Ferris Glovsky and Popeo PC is viewed as "a knowledgeable and experienced thought leader." Across the board, clients appreciate his sound understanding of executive compensation; he frequently represents individual academics and medics.
Eric Keller of Paul Hastings LLP receives a number of significant instructions, including acting as Sony Corporation of America's lead external counsel for benefits and compensation. Clients say: "He treats every matter that I send to him - big or small - as if it is the most important thing he is working on."
Scott Kilgore of WilmerHale continues to focus primarily on executive compensation. He is also noted for his expertise in severance and parachute agreements, as well as deferred compensation and private equity-based plans. 

Future Events 

29th May 2013: GC Seminar, New York Going Mobile: IP and Privacy Considerations

4th June 2013: GC Seminar, Houston Challenges in Creating An Effective and Coordinated Global Compliance Program

9 September 2013: Chambers Latin America Awards 2013, Miami

10 September 2013: Launch of Chambers Latin America 2014, online

3rd October 2013: Chambers Bar Awards 2013, London

22nd May 2014: Chambers USA Awards 2014, New York