OverviewMark assists clients in a range of employee benefits matters, including legal compliance, transaction due diligence, and executive compensation. He brings a multifaceted, big picture outlook to helping clients unravel the challenges of complex benefits-related problems. He has also established a strong track record in achieving successful outcomes for clients confronted by employee benefits litigation and arbitration claims. Mark’s practice focus includes:
- Plan compliance under the Internal Revenue Code and ERISA
- Handling the employee benefits aspects of mergers and acquisitions
- Drafting qualified and non-qualified employee benefit plans
- Drafting executive incentive arrangements
- Preparing participant communications such as summary plan descriptions
- Correcting plan failures in accordance with IRS Employee Plans Compliance Resolution System (EPCRS) procedures
- Addressing multiemployer plan and withdrawal liability issues
- Affordable Care Act (ACA) compliance
- Resolving both IRS and Department of Labor audits of qualified retirement plans
ExperienceNotable examples Mark’s representations include:
- Counseling multiple buyer-side and seller-side corporate clients on employee benefits transaction due diligence
- Resolving an IRS audit of a financial services client’s retirement plan
- Successfully defending a retirement plan services company against multi-party litigation claims regarding the administration of retirement plan tax compliance
- Successfully resolving a U.S. Department of Labor investigation into a mechanical contracting client’s retirement plan
- Advising a manufacturing client on an internal benefits consolidation involving the merger of controlled group retirement plans
- Successfully resolving the arbitration of a union pension plan liability matter on behalf of a food processing company client
- Obtaining IRS correction approval of qualified retirement plan compliance failures for multiple companies
Honors & Recognitions
- Best Lawyers®, "Ones to Watch" (Milwaukee Area), Employee Benefits (ERISA) Law, 2024–Present
Professional Activities
- Chair, Employee Benefits Section, Milwaukee Bar Association
- Member, American Bar Association
- Fellow, American Bar Foundation
- Vice-Chair, Qualified Plans Committee (Real Property, Trust and Estate Law Section), American Bar Association, 2024-2025
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