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 and investment products; investment advisory, 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)
- Named to The Best Lawyers in America in the area of employee benefits law (2001–2010)
- Fellow, American College of Employee Benefits Counsel
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- President, Board of Directors, District of Columbia Bar Foundation (2009-2010)
- 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
- 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)
- 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, Life Insurance Counsel of New York 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)