David Joffe practices primarily in the areas of employee benefits and executive law. He is the Chairperson of the Employee Benefits and Executive Compensation Group.

Retirement Plans: David advises clients on the design, implementation and administration of qualified and nonqualified benefit plans. He consults with plan sponsors, administrators and fiduciaries of private, governmental, multiemployer and church plans. David has experience with a variety of benefit plan arrangements including traditional defined benefit pension plans; 401(k) and other thrift plans; profit-sharing plans; SIMPLE IRAs and SEPs; HR 10, money purchase or Keogh plans; volume submitter and prototype plans; and ESOPs. David counsels employers on the tax aspects of such plans, including qualification issues and reporting obligations. He also regularly advises on related ERISA issues including reporting and disclosure requirements, participation and vesting rules, fiduciary duties, prohibited transactions and trustee obligations. He has experience advising benefit plans on compliance with the VCOC and REOC requirements related to the “plan asset” rules.

Health and Welfare Plans: David also routinely advises employers regarding welfare benefit plan issues (insured and self-funded) including the requirements under the Affordable Care Act, COBRA, HIPAA and other laws relating to group health, life, disability and retiree medical plans. As a related matter, David prepares and advises employers on Section 125 cafeteria plans, health and dependent care flexible spending arrangements, and Section 501(c)(9) VEBA trusts. He is routinely involved with disputes, including litigation, relating to benefit claims. David represents employers and fiduciaries on compliance issues and with audits conducted by the IRS, DOL, PBGC and other governmental agencies. He also advises sponsors and administrators on self-correction programs including EPCRS and VFC.

Executive Compensation: David regularly counsels employers and executive management on compensation issues. He has extensive experience with deferred compensation arrangements (e.g. nonqualified deferred compensation plans, excess benefit and top hat plans, SERPs, golden parachutes, split-dollar agreements and rabbi trusts). He advises executives as well as board members on stock-based compensation issues. David is frequently involved in preparing executive compensation plans and individual executive employment and compensation agreements. He also works with employers on related employment tax issues, including tax reporting and withholding requirements.

Notable Matters
  • Representation of nation's largest producer of construction aggregates in acquisitions involving defined benefit and defined contribution plans.

  • Representation of trustee of an ESOP in the sale of a $60,000,000 manufacturing facility.

  • Representation of government contractor in conversion to a wholly owned S-corporation ESOP.

  • Representation of telecommunications company in a $70,000,000 ESOP transaction.

  • Representation of government contractors in ESOP transactions ranging from $20,000,000 to $40,000,000.

  • Representation of multi-state hospital companies regarding employee benefits issues in mergers and acquisitions.

  • Representation of aviation company in connection with a stock sale and issues regarding multiemployer plans.

  • Representation of publicly traded poultry processing company in maintenance of defined contribution plan and an ESOP.

  • Representation of publicly traded manufacturing company regarding transfer and assumption of defined benefit plan obligations.

  • Representation of small and large employers in Department of Labor and Internal Revenue Service investigations and audits.

  • Design and restatements of multiple deferred compensation arrangements for both publicly traded and privately held companies.

  • Representation of administrative committee of one of the largest U.S. public retirement systems.