David R. Levin has more than 35 years of experience assisting clients with ERISA issues. David has an extensive background not only in counseling, but also litigating pension and welfare benefit plan issues. He has experience with matters involving single employer plans and multiemployer plans.
David has written extensively in his field and has been a frequent contributor to seminars and professional conferences on topics including fiduciary duties and prohibited transactions, ERISA litigation, employee benefit plan issues arising in corporate reorganizations under the Bankruptcy Code, employee benefit plan mergers, pension plan terminations, Department of Labor enforcement, plan audits, withdrawal liability, and IRS voluntary compliance programs.
David was a senior editor, chapter editor and contributing author of Employee Benefits Law, ABA Section of Labor and Employment Law. David also co-authored Panel Publisher’s ERISA Fiduciary Answer Book and he authors a chapter on creditors’ rights in the 457 Answer Book published by CCH, Inc.. He is a charter fellow of the American College of Employee Benefits Counsel (2000), and he served for three years as co-chair of the Employee Benefits Committee of the ABA’s Labor and Employment Law section.
Early in his career, David was counsel in the Office of General Counsel of the PBGC, where he handled complex litigation of first impression arising under ERISA and under the Bankruptcy Code. He practices in federal district courts and courts of appeals, as well as the U.S. Supreme Court. He also represents clients in withdrawal liability arbitrations and in investigations and audits of the Department of Labor, the Internal Revenue Service and the PBGC.
In addition to counseling clients on ERISA fiduciary duties and plan asset/prohibited transaction issues, David has a wealth of experience litigating pension and welfare benefit plan issues.
- Smith v. AEGON Companies Pension Plan, (6th Cir. 2014, cert. denied 2016) (enforcing plan’s forum selection clause and dismissing participant’s action for benefits)
- Penske Logistics v. Freight Drivers & Helpers Local Union No. 557 Pension Fund (multimillion-dollar award against pension fund to refund assessed withdrawal liability)
- Pinney v. AEGON Companies Pension Plan, (N.D. Iowa 2016) (granting summary judgment and dismissing putative class action for benefits)
- Corrado, et al. v. Life Investors Owners Participation Plan and Trust, et al., (D. Md.) (summary judgment granted in plan and fiduciaries’ favor in suit by beneficiaries for alleged fiduciary breaches and prohibited transaction with respect to transfer of plan assets)
- Secretary of Labor v. GreatBanc Trust Company et al., (D.S.C.) (dismissal of Secretary of Labor’s claims alleging prohibited transactions and breaches of fiduciary duties with respect to stock valuations in ESOP.)
- Register et al. v. GreatBanc Trust Company et al., (D.S.C.) (summary judgment granted in fiduciaries’ favor in suit by former plan participants alleging breaches of fiduciary duties with respect to stock valuations in ESOP)
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