Identification and Correction of Common Retirement Plan Errors

David is a member of Bass Berry in Memphis. He 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.

In response to heightened focus on ERISA fiduciaries by the U.S. Department of Labor and plaintiffs' attorneys, David spearheaded an effort to launch a comprehensive fiduciary compliance program for clients. The program includes a self-audit process, fiduciary training, documentation package and service provider RFP support, which has resulted in approximately $6.5 million in administrative fee savings over a two year period for one client.

As a former ERISA litigator, David helps companies navigate the intersection of litigation and business concerns. He successfully defended a case, Osborne v. Hartford Life & Accident Ins. Co., that went all the way to the U.S. Supreme Court and resulted in a change to the interpretation of the word "occupation" under ERISA. The new definition still stands today. His deep understanding of ERISA allows David to provide practical advice in the complex landscape of employee benefits law.