David concentrates his practice in employee benefits and executive compensation. With respect to benefits, David is experienced in the design, implementation and administration of welfare and fringe benefit arrangements and qualified retirement plans (including 401(k) plans and ESOPs) for large and small employers, retirement distribution planning for individuals and the design and implementation of nonqualified deferred compensation and equity compensation arrangements for public and private employers. David has extensive practical experience with nondiscrimination testing issues, plan recordkeeping and conversion issues, IRS and DOL audits and the use of self-correction and agency-approved programs and the use of ESOPs as a succession planning tool.
David also regularly negotiates employment, severance and change in control agreements, representing both executives and employers.
With over 30 years of experience as a practitioner, and having served as a plan fiduciary and on numerous boards, David brings a pragmatic approach to his practice and regularly counsels clients in the financial services industry by advising on and negotiating investment management agreements, structuring pension plan investments to avoid ERISA where possible (using venture capital operating companies (VCOCs) and real estate operating companies (REOCs), as appropriate), and helping clients navigate fiduciary and prohibited transaction issues under ERISA when not. David has worked with clients in manufacturing, real estate, professional services, education, financial services and the not-for-profit sectors.
David regularly speaks at seminars for the New England Employee Benefits Council, Massachusetts Society of CPAs and the American Society of Pension Professionals & Actuaries. David has published innumerable client alerts on employment benefit news and developments and was instrumental in creating a COVID Resource Center on Sullivan’s website, addressing a wide variety of coronavirus related issues by writing and publishing 28 client alerts that were sent out to the firm’s clients to help them cope with the impact of the COVID-19 pandemic and understand the implications of FFCRA, retirement and welfare provisions in the CARES Act, the Paycheck Protection Program and other actions taken by state governments and the federal government.
David has shepherded the practice to recognition by U.S. News Best Lawyers, Chambers USA and The Legal 500 U.S. and has been personally consistently ranked by Chambers USA, Best Lawyers in America® and The Legal 500 U.S.
Representative Client Work
- Advice concerning complex controlled group situation and related benefits analysis for high net worth individual’s business and family office
- Benefits and executive compensation diligence in connection with $90 million take-private transaction of a public company, including advice on benefits and payroll integration and merger of safe harbor 401(k) plan
- Guide employer through process of correcting numerous autoenrollment failures in profit sharing plan using Internal Revenue Service corrective process
- Assist retirement plan fiduciary committee in adding managed account product to qualified plan, and in considering ESG type investments
- Serve pro bono as corporate counsel to the firm’s two largest pro bono clients
Bar & Court Admissions
- Massachusetts
Education
- LL.M., Taxation, Boston University School of Law
- J.D., cum laude, Boston University School of Law
- M.B.A, cum laude, Boston University
- B.A., George Washington University
Community Engagement
- Vice Chair, Qualified Plans, American Bar Association Section of Real Property, Trust and Estate Law
- American and Boston Bar Associations
- National Association of Stock Plan Professionals
- Board of Directors, New England Employee Benefits Council (NEEBC)
- National Center for Employee Ownership
- The ESOP Association (New England Chapter Executive Committee)
- Director, College Bound Dorchester, Inc. (formerly known as Federated Dorchester Neighborhood Houses, Inc.)
- Former Trustee, Neighborhood House Charter School
- Former Trustee, The Project for School Innovation Trust
- Former Board Member, Family Business Association (FBA)
- Former member of Finance Committee, St. Mary's Catholic School, Mansfield, MA
- Served on the Board of a mid-sized ESOP company prior to sale to a strategic buyer
- Former Board Member, Citizens' Scholarship Foundation of Mansfield, Inc.
Awards & Honors
- Boston Magazine Top Lawyers, Tax Law (2021, 2022)
- Best Lawyers in America®, Employee Benefits (ERISA) (2013-2023) and Tax Law (2014-2023)
- The Legal 500 U.S. (2011-2020)
- Chambers USA, Ranked in Employee Benefits & Executive Compensation (Massachusetts) (2009-2022)
- Massachusetts Super Lawyers (2006-2012)
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Lexology Getting the Deal ThroughMarch 20, 2023
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Client AlertMarch 7, 2023
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November 22, 2022
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Press ReleaseJune 2, 2022
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Lexology Getting the Deal ThroughApril 25, 2022
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Press ReleaseNovember 24, 2021
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Client AlertNovember 23, 2021
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The Tax StringerJune 1, 2021
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Press ReleaseMay 20, 2021
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Lexology Getting The Deal ThroughMay 10, 2021
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Client AlertApril 19, 2021
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PlanSponsor, QuotedJanuary 20, 2021
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Client AlertJanuary 19, 2021
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Client AlertAugust 14, 2020
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Client AlertJuly 21, 2020
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Client AlertJuly 2, 2020
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Client AlertJune 18, 2020
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Press ReleaseJune 10, 2020
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Client AlertJune 8, 2020
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Client AlertMay 17, 2020
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Client AlertMay 13, 2020
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Client AlertMay 6, 2020
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Client AlertMay 1, 2020
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Client AlertApril 24, 2020
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Press ReleaseApril 23, 2020
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Client AlertApril 15, 2020
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Client AlertApril 10, 2020
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Client AlertApril 10, 2020
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Client AlertApril 7, 2020
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Client AlertApril 6, 2020
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Client AlertApril 6, 2020
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Client AlertApril 4, 2020
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Client AlertApril 4, 2020
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Client AlertApril 3, 2020
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April 3, 2020
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Client AlertApril 1, 2020
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Client AlertMarch 30, 2020
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Client AlertMarch 24, 2020
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Client AlertMarch 22, 2020
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Client AlertMarch 16, 2020
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Client AlertMarch 9, 2020
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January 23, 2020
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Beyond the Billable, QuotedOctober 25, 2019
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Law360, Mergers & Acquisitions, The Philadelphia Inquirer, Yahoo Finance, Insider MediaSeptember 4, 2019
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Sullivan Client AdvisoryJune 12, 2019
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Sullivan Press ReleaseMay 30, 2019
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Sullivan Client AdvisoryMay 29, 2019
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PLANSPONSOR, QuotedMay 20, 2019
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Press ReleaseDecember 12, 2018
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Client AdvisoryNovember 20, 2018
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Client AdvisorySeptember 10, 2018
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Client AdvisoryFebruary 20, 2018
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Client AdvisoryUpdated as of October 2017
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Client AdvisoryApril 14, 2017
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Fiduciary News, QuotedJanuary 24, 2017
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Client AdvisoryJanuary 23, 2017
Seminars & Presentations
- Demands on Caretakers: From COVID to Now
Boston, MA (March 15, 2023) - Key Info IP Lawyers Need To Know About Their Own and Their Client’s Retirement & Deferred Compensation Arrangements
American Bar Association Webinar (December 12, 2022) - Beyond the Basics: Compliance (Level 2): Dealing with the HR & Benefits Realities of Being a Multi-State Business
Sullivan & Worcester, Boston, MA (November 30, 2022) - Correcting Common Errors in Plans
Massachusetts Society of CPAs (May 25, 2022) - Legal and Regulatory Update
Massachusetts Society of CPAs (May 25, 2022) - EPCRS – Latest Changes and Using the Program
2022 ASPPA Spring National Virtual Conference (May 4, 2022) - Business Succession and Estate Planning with ESOPs
ABA Real Property, Trusts and Estates Section National CLE Conference (April 27, 2022) - Compliance Basics: Health, Welfare and Retirement Benefits
New England Employee Benefits Council (NEEBC) (February 16, 2022) - EPCRS, VFCP and DFVC: An Alphabet Soup of Correction Programs
International Society of Certified Employee Benefits Specialists - Webinar (November 9, 2021) - Advanced Basics: Retirement & Welfare Benefits To Boost Your Business
New England Employee Benefits Council (NEEBC) (September 28, 2021) - Post-Pandemic Benefits Issues
American Bar Association, Webinar (August 19, 2021) - Legal and Regulatory Update
Massachusetts Society of CPAs (MSCPA) (May 18, 2021) - How Not To Become a Fiduciary
CCA Enrolled Actuaries Conference (May 7, 2021) - Compensation and Distribution Issues: A Deep Dive for Retirement Plan Auditors
New York Society of CPAs - Webinar (March 18, 2021) - PPP Loan Forgiveness Update
Massachusetts Society of CPAs (State Tax Virtual Conference) (January 14, 2021) - Legal and Regulatory Update
Massachusetts Society of CPAs (May 28, 2020) - Paycheck Protection Program Webinar
Massachusetts Society of CPAs (May 21, 2020) - The Impact of FFCRA and the CARES Act on Employee Benefit Plans, Programs and Arrangements
Virtual Program (May 6, 2020) - The CARES Act – New Retirement Plan Liquidity Options, Charitable Giving Options and Nonprofit Considerations
Webinar (April 7, 2020) - Employment Law During Times of Coronavirus
Webinar (March 24, 2020) - Strategies for Competitive Compensation
The New England Chapter of The ESOP Association (October 11, 2019) - We Are Uncornered Gala
College Bound Dorchester (June 5, 2019) - Legal and Regulatory Update
Massachusetts Society of CPAs (MSCPA) (May 30, 2019) - Adrift in an Ocean of Health & Welfare Plan Compliance? How to Survive!
New England Employee Benefits Council (April 25, 2019) - Considerations in Sending U.S. Employees Overseas
NFP 2019 International Benefits Summit (March 28, 2019) - Understanding & Managing Retirement Plan Fees
New England Employee Benefits Council (March 6, 2019) - Fixing Broken Plans
The Connecticut Chapter of the National Institute of Pension Administrators (NIPA) (June 19, 2018) - Legal and Regulatory Update
Massachusetts Society of CPAs (MSCPA) (May 21, 2018) - Fixing Broken Retirement Plans
New England ASPPA Benefits Council (May 3, 2018) - Adrift in an Ocean of Health & Welfare Plan Compliance? How to Survive!
New England Employee Benefits Council (NEEBC) (April 25, 2018) - Navigating the U.S. Regulatory Environment
Sullivan & Worcester Conference Center, New York, NY (October 31, 2017) - Facing Business and Compliance Obstacles - and How to Avoid them in the First Place!
Association of Corporate Counsel (ACC) (October 4, 2017) - 2017 Boston Fiduciary Summit
Boston College Club, Boston, MA (September 12, 2017) - Healthcare Reform: Massachusetts, Washington & Beyond
2017 NFP HR & Benefits Seminar (June 8, 2017) - Hot Topics in Retirement Plans
Massachusetts Society of CPAs (MSCPA) (May 19, 2017) - Are You Drowning in Health and Welfare Compliance Issues? We Can Help!
New England Employee Benefits Council (NEEBC) (April 27, 2017) - The World of RFPs: What Sponsors are Looking For, How to Handle Tricky Topics and What Your Peers are Doing
New England ASPPA Benefits Council (November 10, 2016) - CEO/CFO Non-Qualified Deferred Compensation
New England Chapter of The ESOP Association (October 7, 2016)