David Powell’s expertise covers tax and ERISA issues relating to all types of employee pension and welfare benefit plans. He specializes in qualified plans of public companies including 401(k), profit sharing, pension and cash balance plans, and international benefits issues. David is a leading expert on the subject of Employee Stock Ownership Plans (ESOPs) for public companies, nonqualified deferred compensation plans (including supplemental executive retirement plans and other types of top hat and executive compensation arrangements under Code Section 409A, plans for tax exempt organizations including churches, and plans for governmental employers. David speaks and writes frequently on these subjects from the perspective of both employers and financial service providers. Professional Affiliations American College of Employee Benefits Counsel American Institute of Certified Public Accountants National Association of Public Pension Attorneys Private Sector Advisory Committee, OECD Working Party on Private Pensions Bar Association of the District of Columbia New York State Bar Association Texas Bar Association Louisiana Bar Association Honors & Distinctions Author, BNA Tax Management Portfolio No. 372, Church and Governmental Plans Co-Chair, Subcommittee on Multinational Employee Benefits and Compensation Issues, Employee Benefits Committee, American Bar Association Section of Taxation Past Chair, Exempt Organization and Governmental Plans Subcommittee, Employee Benefits Committee, American Bar Association Section of Taxation Listed, The Best Lawyers in America, Employee Benefits Law (2006-2020) Listed, Super Lawyers, Employee Benefits and Tax (2011-2018) Listed, The Legal 500 US, Employee Benefits and Executive Compensation (2009-2011, 2014) U.S. Editor, Journal of the International Employee Benefits Lawyers Association Co-Editor, 457 Answer Book Editorial Advisory Board, Journal of Deferred Compensation (Aspen Publishers)
Publications New Guidance on the Territorial Scope of GDPR Impacts U.S. Benefit Plans Groom Benefits Brief November 21, 2019
Publications IRS Proposes Update to Minimum Required Distribution Rules Groom Benefits Brief November 21, 2019
Publications IRS Guidance on Initial and Recurring 403(b) Remedial Amendment Periods PLANSPONSOR October 22, 2019
Publications New Case Raises Difficult Questions About ERISA Remedies for 401(k) Account Thefts Groom Benefits Brief October 21, 2019
Publications IRS Finalizes Changes in Hardship Distribution Rules Groom Benefits Brief September 30, 2019
Publications Challenge to Governmental Plan Status of Hospital Plans Dismissed Groom Benefits Brief September 11, 2019
Publications District Court Analyzes What a “Principal Purpose” Organization is and Other Church Plan Definitional Issues Groom Benefits Brief August 19, 2019