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Overview

David focuses his practice on employee benefits, executive compensation and taxation.

David has extensive experience in executive compensation issues, including compliance of deferred compensation agreements under Internal Revenue Code section 409A and the structuring and tax treatment of equity arrangements. He also implements equity compensation plans in partnerships and limited liability companies.

David focuses on other employee benefit issues as well, including implementation and operation of qualified retirement plans (including ESOPs), compliance with the Employee Retirement Income Security Act (ERISA) and employment taxes. He further specializes in health and welfare plans and has given numerous presentations on the Affordable Care Act.

Some of David’s accomplishments include:

  • Represented large publicly traded companies in structuring deferred compensation arrangements for executives and determining tax consequences upon sale of various subsidiaries, including issues relating to IRC § § 83, 409A and 280G.
  • Counseled foreign publicly traded employer on strategies to comply with, and avoid penalties under, the Affordable Care Act.
  • Advised investment management company on structuring multibillion-dollar payment of deferred management fees from hedge fund in compliance with Section 409A, and analyzed tax viability of structuring complete liquidation and transfer of assets and ownership to newly formed partnership.
  • Represented startup technology company in a 50/50 merger with regard to treatment of stock option and other equity compensation rollovers into the resulting entity.

David previously worked in the national tax department of a Big 4 accounting firm in Chicago.


Industry

Services

Recognition

  • Wisconsin Law Journal, Up and Coming Lawyer, 2017

Education

  • J.D., John Marshall Law School-Chicago
    • cum laude
  • LL.M., John Marshall Law School-Chicago
    • with honors
  • B.S., University of Wisconsin
    • Economics

Admissions

  • Wisconsin
  • Illinois

Professional Associations and Memberships

  • American Bar Association
  • Greater Milwaukee Employee Benefits Council, Board Member
  • State Bar of Wisconsin
Experience
  • Represented family-owned regional bakery in the sale of its assets to a publicly traded company.
  • Counseled buyout fund on corporate acquisition, including purchase of assets and real estate, financing by two lenders, creation of subsidiaries and inter-company agreements, and transfer of employee benefits.
  • Advised multibillion-dollar technology company on compensation deductions upon an acquisition, and collaborated on the drafting of opinion regarding vesting of executives’ restricted stock and nonqualified stock options under change in control agreements.
  • Prepared numerous filings with the IRS and Department of Labor, including voluntary compliance program (VCP) applications, determination letter requests and delinquent filer voluntary compliance program (DFVCP) applications.
  • Assisted in creating tax structure for tax-free acquisitions of unrelated companies.
  • Advised medical manufacturing company on restructuring distributions to shareholders under operating agreement and creation of phantom equity incentive plan.
  • Represented large auto dealership in creating ESOP for its numerous related entities, and assisted in the tax-free reorganization of company in connection with the ESOP transaction.
  • Counseled foreign publicly traded employer on strategies to comply with and avoid penalties under the Affordable Care Act.
  • Advised numerous employers on corrections to retirement plans and attendant filings with government agencies.
  • Advised plan sponsors on fiduciary duties and attend fiduciary committee meetings.
  • Represented nonprofit organizations in deferred compensation and tax issues.
  • Assisted in drafting Private Letter Ruling requests for multibillion-dollar merger of several voluntary employees beneficiary association plans (VEBAs).