David concentrates his practice in the employee benefits area and 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 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.
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
- 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
- Best Lawyers in America, Employee Benefits (ERISA) (2013-2020) and Tax Law (2014-2020)
- The Legal 500 U.S. (2011-2019)
- Chambers USA, Ranked in Employee Benefits & Executive Compensation (Massachusetts) (2009-2019)
- Massachusetts Super Lawyers (2006-2012)
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ZAG/Sullivan Press ReleaseNovember 14, 2019
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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 ReleaseApril 25, 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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Press ReleaseMay 30, 2018
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Client AdvisoryFebruary 20, 2018
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Client AdvisoryUpdated as of October 2017
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Press ReleaseMay 31, 2017
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Press ReleaseMay 26, 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
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The M&A AdvisorNovember 14, 2016
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Press ReleaseJune 15, 2016
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Press ReleaseMay 27, 2016
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Client AdvisoryMay 25, 2016
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Benefits BriefOctober 27, 2015
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Press ReleaseJune 3, 2015
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Press ReleaseMay 26, 2015
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Massachusetts Lawyers WeeklyApril 20, 2015
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Benefits BriefDecember 23, 2014
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ACC Docket, Practice Area BriefingsDecember 5, 2014
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Benefits BriefNovember 12, 2014
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Radio Entrepreneurs NetworkJuly 10, 2014
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Press ReleaseMay 23, 2014
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Benefits BriefNovember 7, 2013
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Client AdvisoryJune 28, 2013
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Press ReleaseMay 24, 2013
Seminars & Presentations
- 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) - Don't Let the Qualified Plans Blow Up Your M&A Transactions
Sullivan & Worcester Conference Center, Boston, MA (November 16, 2016) - 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) - Retirement Plan Issues and Corrections
Massachusetts Society of CPAs (MSCPA) (May 20, 2016) - Total Rewards for Executives: Attract, Retain and Motivate Key Leadership Talent
New England Employee Benefits Council (NEEBC) (May 4, 2016) - Together 'Next' — Mergers, Acquisitions and Spin-Offs: How to Help Your Clients Avoid Costly Mistakes
2016 NAPA 401(k) Summit (April 18, 2016) - Are you Drowning in Health and Welfare Compliance Issues? Help is on the Way!
New England Employee Benefits Council (NEEBC) (April 14, 2016) - Correcting Plan Errors: Compliance Resolution Programs and How to Mitigate Exposure
American Conference Institute's Employee Benefits Plans Conference (November 18, 2015) - Show Me the Money! ESOP Distribution Rules
New England Chapter of The ESOP Association (October 2, 2015) - ABC of New England Fall Workshop
American Society of Pension Professionals & Actuaries (ASPPA) (October 1, 2015) - ERISA Fiduciary Developments
Boston Bar Association (June 2, 2015) - IRS & DOL Correction Programs
American Society of Pension Professionals & Actuaries (ASPPA) (March 24, 2015) - An Education Forum for Pension Professionals
National Institute of Pension Administrators (NIPA) (March 19, 2015) - Are You Drowning in Health and Welfare Compliance Issues? Help is on the Way!
New England Employee Benefits Council (NEEBC) (February 26, 2015) - Employment and Benefits Basics for Startup Companies
S&W Startup Series, Sullivan & Worcester, Boston, MA (January 22, 2015) - Re-Enrolling Your Defined Contribution Participants: Practical and Legal Concerns
Webinar (October 29, 2014) - DOL Correction Programs
2014 ASPPA on Tour Regional Conference (July 10, 2014) - Annual Seminar for CFOs and HR & Benefits Professionals
Pinnacle Financial Group (June 19, 2014) - Keeping the Labor Department's Concerns at Your Fingertips
New England Employee Benefits Council (NEEBC) (May 16, 2014) - Executive Compensation and Employee Benefits Issues in M&A Transactions: Practical Tips for Small Firms and Solo-Practitioners
Boston Bar Association, Boston, MA (March 6, 2014) - Are you Drowning in Health and Welfare Compliance Issues? Help is on the Way....
New England Employee Benefits Council (NEEBC) (February 26, 2014) - Employment and Benefits Basics for Startup Companies
S&W Startup Series, Sullivan & Worcester, Boston, MA (February 25, 2014)