Client Collaborations

Prepare individually-designed plan documents and SPDs for all types of deferred compensation and health and welfare plans. Help employers design their plans to fulfill the employers' objectives. Prepare profit sharing plans, 401(k) plans, money purchase pension plans, traditional defined benefit plans, 403(b) plans, 457(b) plans, nonqualified plans, cafeteria plans, health flexible spending arrangements, DCAPs, HSAs, severance plans, EAPs, educational assistance plans, trust agreements, medical reimbursement plans, and wrap-around plans. Prepare defined contribution plans with varying features, including safe-harbor 401(k) plans, automatic enrollment, and Roth contributions. Prepare plans with all types of employer contribution formulas, including integration with Social Security, new comparability, and age- and service-weighted formulas. Monitor law changes and keeps the plan documents up-to-date. Prepare all types of notices to participants, including 204(h) notices, QDIA notices, safe-harbor notices, automatic enrollment notices, benefit forms, COBRA notices, and privacy notices.

Portland School District v. Great American Insurance Company. Complete recovery of more than $2 million building damage claim caused by roofing fire at middle school, plus fees. Trial and appellate claims against roofing contractor’s excess insurance carrier, including successful assignment of the contractor's claims against its excess liability insurer.

Represented a Delaware disaster insurance and recovery corporation in negotiations to sell to a competitor.

Lottery Enforcement Response. Responded to enforcement actions by the Oregon State Lottery, including appeal and negotiation with the Oregon State Lottery to obtain withdrawal of lottery retailer contract termination order.

Assisted buyer with purchase of 135 acre site and later annexation.

Drafted numerous tribal code provisions and resolutions for more than half a dozen tribes.

Assist plan sponsors to ensure that their plans remain qualified under Code Sections 401(a), 403(b), or 457(b). Advise with respect to all qualification requirements, including issues involving eligibility, vesting, contributions, benefit accruals, limits on contributions and benefits, distributions, participant loans, design-based safe harbors, and coverage and nondiscrimination testing. Help plan sponsors comply with ERISA, including advising plan fiduciaries regarding their fiduciary duties under ERISA, assisting plan administrators with ERISA's reporting and disclosure requirements, advising regarding the prohibited transaction rules, and ensuring fiduciary protection for participant-directed investments.

Portland Art Museum v. Ann Beha Architects, Inc. Obtained multimillion-dollar recovery during the course of litigation and mediation that involved claims for breach of contract, negligence, and breach of warranty against a Boston architectural firm arising from incomplete and uncoordinated drawings in connection with the renovation of the Masonic Temple and construction of the Mark Building, the new home of the Portland Art Museum. Representation of the museum additionally included resolution of multimillion-dollar contractor and subcontractor claims (which were resolved for less than 30 percent of the principal amount of the claims) and avoidance of payment of any costs or attorney fees.

Represented a brewery software company in its merger with a competitor.