REPRESENTATIVE EXPERIENCE
Mark’s extensive representative experience includes:
- Advising a variety of plan sponsors, including Fortune 50 companies, on their employee benefits and insurance matters.
- Assisting in the design and operation of several hundred insurance, investment and stable value products; investment advisory, investment management, and broker-dealer arrangements; and record keeping and other plan service arrangements.
- For benefits plans and sponsors, negotiating the acquisition of more than 50 sophisticated investment and insurance products.
- Representing our clients before the Internal Revenue Service (IRS), the U.S. Department of Treasury, the Employee Benefit Security Administration (EBSA) of the Department of Labor (DOL), the Pension Benefit Guaranty Corporation (PBGC), the U.S. Securities and Exchange Commission (SEC), and the Financial Industry Regulatory Authority (FINRA).
- Managing more than 40 tax and ERISA cases in federal court.
- Serving as counsel for the Nationwide Insurance Companies in a series of cases culminating in Nationwide Mutual Insurance Co. v. Darden (Supreme Court 1992) and for the amici in Albertson’s, Inc. v. Commissioner (9th Cir. 1993, 1994).
PROFESSIONAL HONORS AND AWARDS
- Selected for inclusion in Washington, D.C., Super Lawyers® (2010-2012)
- Named to The Best Lawyers in America in the area of employee benefits (ERISA) law (2001-2013)
- Named to the 2012 Capital Pro Bono Honor Roll
- Fellow, American College of Employee Benefits Counsel
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Past Presidents Council, Former President and Director (2008–2011), District of Columbia Bar Foundation
- Former Chair, Employee Benefits Committee, Tort Trial and Insurance Practice Section, American Bar Association (1991-1992)
- Former Delegate, Joint Committee on Employee Benefits, American Bar Association
- Former Member, Advisory Board, Georgetown Corporate Counsel Institute
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Quoted, "Industry Girds for DOL Fiduciary Rule," LifeHealthPro.com (January 29, 2013)
- Co-author, “SEC's Proposed ‘Conflict’ Resolution,” Law360 (July 10, 2012)
- Co-author, “New Tax Guidance on Use of Annuities in Retirement Plans,” Employee Benefit Plan Review (May 2012)
- Co-author, “Class Certification In Haddock - An Outlier?” Law 360 (December 18, 2009)
- Co-author, “First 100 days and labor law,” Daily Report (May 1, 2009)
- Author, “Investment Advice for Employee Benefit Plans and IRAs,” PLI Investment Adviser Regulation (2008 and subsequent updates to 2d edition)
- Author, “ERISA Compliance Issues for Broker-Dealers,” PLI Broker-Dealer Regulation (2008 and subsequent updates)
- Co-author, “Legal/Regulatory Considerations,” The Handbook of Stable Value Investments (1998)
- Speaker, “Recent Developments and Trends in Retirement Plan Litigation,” Insured Retirement Institute (IRI) Litigation Summit (June 18, 2013)
- Moderator, Insured Retirement Institute (IRI) Retirement Plan Summit (June 25-26, 2012)
- Speaker, "What New Department of Labor Rules Mean for ERISA Participants," IA Compliance Best Practices Summit 2012 (March 16, 2012)
- Speaker, “Top 10 for 2012: 10 Pending Developments All Wealth Management/ Compliance Lawyers Should Be Watching,” Wealth Management/HIMCO Law and Compliance Law Day, Hartford, Connecticut (March 2, 2012)
- Speaker, “Hot Topics for Insurance Products,” Wealth Management/HIMCO Law and Compliance Law Day, Hartford, Connecticut (March 2, 2012)
- Speaker, “Hot Topics in Litigation,” Wealth Management/HIMCO Law and Compliance Law Day, Hartford, Connecticut (March 2, 2012)
- Speaker, “Hot Topics in Mutual Funds,” Wealth Management/HIMCO Law and Compliance Law Day, Hartford, Connecticut (March 2, 2012)
- Speaker, “Retirement Market Developments,” Sutherland Securities Symposium (February 2, 2012)
- Speaker, “ERISA, DOL and Fiduciary Standards – What to Expect This Session,” One Voice 2012: FSI Broker-Dealer Conference (January 23-25, 2012)
- Speaker, “Institutional Advisory Services,” PLI Fundamentals of Investment Adviser Regulation (July 15, 2011)
- Speaker, “ERISA/Tax Update,” 2011 IRI Government, Regulatory and Compliance Conference (June 28, 2011)
- Speaker, “Recent Developments and Trends in Retirement Plan Litigation,” 2011 IRI Government, Regulatory and Compliance Conference (June 27, 2011)
- Speaker, “Retirement Market Developments,” 2011 Sutherland Securities Symposium
- Speaker, “Preparing for the New ERISA Fee Disclosure Rule, and Ramifications of a New ERISA Fiduciary Definition,” IA Watch and BD Week Webinar (March 15, 2011)
- Speaker, “Pension Market and ERISA Developments,” ALI-ABA Life Insurance Company Products: Key Federal Regulatory Developments Update (February 3, 2011)
- Speaker, “Retirement Market Developments,” 2010 Sutherland Securities Symposium
- Speaker, “Product Tax Update,” 2010 Life Insurance Council of New York (LICONY) Tax Conference (November 10, 2010)
- Speaker, “Pension Market and ERISA Developments,” ALI-ABA Conference on Life Insurance Company Products (October 28–29, 2010)
- Speaker, “Impact of the Patient Protection and Affordable Care Act,” LICONY Health Care Legislation Webinar (June 24, 2010)
- Speaker, “Institutional Advisory Services,” PLI Fundamentals of Investment Adviser Regulation 2010 (July 16, 2010)
- Speaker, “Making Your 401(k) Last a Lifetime,” ABA Tax Section Miniprogram (Spring 2010)
- Speaker, “Tax/ERISA Updates,” IRI Government, Regulatory and Compliance Conference (April 28–30, 2010)
- Speaker, “New Pay-to-Play Rules and an ERISA Update,” IA Compliance Best Practices Summit (March 25–26, 2010)
- Speaker, Tax Executives Institute (TEI) Talking Points Series Webinar: “Funding Retirement Plans When Cash Is King: In-Kind Contributions” (2009)
- Speaker, “Retirement Market Developments,” Sutherland Securities Symposium (April 21, 2009)
- Speaker, ALI-ABA Investment Adviser Regulation Course (January 15–16, 2009)
- Speaker, Investment Adviser Roundtable: 2009 Industry and Regulatory Outlook (January 14, 2009)
- Speaker, LICONY Tax Conference (November 13, 2008)
- Speaker, Sutherland Securities Symposium (October 30, 2008)
- Speaker, 403(b) Retirement Plans: A Map of the New World (October 28, 2008)
- Speaker, NAVA 2008 Annual Meeting (October 5–7, 2008)
- Speaker, Society of Actuaries Insurance Product Tax Seminar (September 8–9, 2008)
- Speaker, Sutherland Securities Symposium (July 31, 2008)
- Speaker, TEI Region II Tax Forum (June 17–18, 2008)
- Speaker, NAVA 2008 Compliance and Regulatory Affairs Conference (June 1–3, 2008)
- Speaker, 2008 Retirement Income Distribution Evolution Summit (April 30, 2008)
- Speaker, Independent Broker-Dealer Regulatory Forum (April 16, 2008)
- Speaker, 2008 Pro Bono Institute (February 28–29, 2008)
- Speaker, Annuities in DC Plans—Creating Products for and Marketing to DC Plan Sponsors Webinar (February 6, 2008)
- Speaker, ALI-ABA Investment Adviser Regulation Program (January 24–25, 2008)
