Robert focuses his practice on all areas of executive compensation and employee benefits law.
His practice includes equity and non-equity-based incentive arrangements; non-qualified deferred compensation; tax-qualified retirement, health and welfare plans; compensation and benefits issues in the M&A context; multiemployer pension plan withdrawal liability; and issues involving ERISA fiduciary responsibilities. He regularly represents clients in interactions with the IRS, DOL and PBGC, and is experienced with the SEC’s executive compensation proxy disclosure rules.
Robert serves as chair of the Board of Trustees of Jackson-Feild Behavioral Health Services, a psychiatric residential treatment facility for adolescents suffering from severe emotional trauma, mental illness and/or addiction.
Experience
- Ongoing representations as outside ERISA counsel to public and private companies on all aspects of the design, administration and regulatory compliance of executive compensation arrangements, tax-qualified defined benefit and defined contribution retirement, health and welfare benefit plans.
- Advise variety of public company clients on executive compensation- and employee benefits-related disclosure obligations under the U.S. securities laws.
- Counsel multiple plan sponsor administrative and investment committees as to ERISA fiduciary considerations and plan governance issues.
- Advise clients as to documentary and operational compliance with 409A rules governing non-qualified deferred compensation.
- Representation of clients as to the design and implementation of voluntary separation programs under ERISA.
- Representation of clients in interactions with the IRS, DOL, and PBGC relating to benefit plans, including plan audits and corrective filings.
- Representation on employee benefits matters in the context of corporate transactions, including conducting due diligence reviews, negotiating terms of the sale and purchase agreements and advising on post-closing operation and integration of plans.
- Representation of clients facing claims for multiemployer pension plan withdrawal liability as to legal defenses and settlement.
- Representations of tax-exempt employers as to 401(k), 403(b), 457(b) and 457(f) plans.
- Georgetown University Law CenterLLMTaxation2012
-
The University of North Carolina School of LawJD
with Honors
2011 -
Sewanee: The University of the SouthBA
summa cum laude, Phi Beta Kappa
2008
Management Co-Chair, Subcommittee on Benefit Claims, Employee Benefits Committee, Section of Labor and Employment Law, American Bar Association, 2016-2021
Member, Employee Benefits Committee, Section of Labor and Employment Law, American Bar Association
Chair, Jackson-Feild Behavioral Health Services
Member, Central Virginia Employee Benefits Council
- Faculty, "Equity Incentive and Deferred Compensation – Overview of Structures and Planning Opportunities," 75th Virginia Conference on Federal Taxation, June 7, 2024
- Faculty, "Controlled Group Liability and Successor Employer Rules: ERISA and IRC Provisions, Limiting Claims, Seller Liability," Strafford Webinar, April 30, 2024
- Faculty, "Controlled Group Liability and Successor Employer Rules: ERISA and IRC Provisions, Limiting Claims, Seller Liability," Strafford Webinar, May 31, 2023
- Speaker, "Excess Benefit Transactions/Senior Leadership Compensation Structures," 19th Annual Nonprofit Seminar, Richmond and Charlottesville, September – October 2022
- Faculty, Controlled Group and Affiliated Service Group Rules for Retirement Plans, Strafford Webinar, February 23, 2022
- Faculty, "New PBGC Interim Final Rule: Special Financial Assistance, Withdrawal Liability Rules, Contribution Obligations," Strafford Webinar, September 14, 2021
- Speaker, "Introduction to ERISA’s Fiduciary Requirements," LawPracticeCLE Webinar, April 26, 2019
- Speaker, "’Til Death (Or Some Other Time) Do We Part: The Intersection of Divorce and Estate Planning," Washington D.C. Estate Planning Council, October 18, 2018
- Speaker, "Recent Developments in Employee Benefits Law," New River Valley Society of Human Resource Management Full Day Legal Update, September 20, 2018
- Speaker, Multiemployer Pension Plan Withdrawal Liability: An In-Depth Examination for Employers, Owners & Lenders, myLawCLE Webinar, September 28, 2017
- Speaker, Employee Benefits in the Age of Trump, September 21, 2017
- Speaker, "DOL Fiduciary Rule – What Plan Sponsors Need to Know," Rafalko Advisors Webinar, July 25, 2017
- Speaker, "The Supreme Court’s Recent Take on Employee Benefits," Central Virginia Employee Benefits Council Seminar, May 4, 2016
- Speaker, "Reportable Events and Dealing with the PBGC," Clear Law Institute Webinar, April 25, 2016
- Faculty, PBGC Reportable Events: What You Need to Know About the New Rules, Lorman Education Services Webinar, March 17, 2016
- Virginia
Selected for inclusion, “Ones to Watch: Mergers and Acquisitions Law,” The Best Lawyers in America, 2022-2025
Selected for inclusion in “Legal 500 United States,” Employee benefits, executive compensation and retirement plans: design, 2023; Employee benefits, executive compensation and retirement plans: transactional, 2023, 2024
Named to “Virginia Rising Stars,” Employee Benefits, Super Lawyers, Thomson Reuters, 2017-2019, 2021, 2022
- Author, IRS Gives Guidance on Student Loan Payment Matching Contributions, McGuireWoods Legal Alert, August 29, 2024
- Author, IRS Delays SECURE 2.0 for Roth Catch-Up Contributions, McGuireWoods Legal Alert, August 30, 2023
- Author, IRS Issues Interim Guidance Under Expanded EPCRS, McGuireWoods Legal Alert, June 9, 2023
- Author, New SEC Guidance: Pay-Versus-Performance Disclosures in Upcoming Proxy Statement Filings, McGuireWoods Legal Alert, February 15, 2023
- Author, SEC’s Final Clawback Rule — A Presentation Resource, McGuireWoods Legal Alert, October 27, 2022
- Author, SEC’s Final Pay for Performance Regulations – A Presentation Resource, McGuireWoods Legal Alert, August 30, 2022
- Quoted, "IRS Pilot Gives Benefit Plans Chance to Fix Errors Before Audit," Bloomberg Law, August 11, 2022
- Author, IRS Announces New Audit Program for Retirement Plans, McGuireWoods Legal Alert, June 7, 2022
- Author, COVID-19 Vaccination Incentives and Surcharges OK’d in Group Health Plan Guidance, McGuireWoods Legal Alert, October 5, 2021
- Author, Updated IRS Correction Principles and Changes to Voluntary Correction Program, McGuireWoods Legal Alert, July 20, 2021
- Author, New Withdrawal Liability Rules for Pension Bailout Recipients, McGuireWoods Legal Alert, July 13, 2021
- Author, COVID-19 and Employee Benefits #5: IRS Allows Midyear Safe Harbor Retirement Contribution Changes, McGuireWoods Legal Alert, July 15, 2020
- Author, IRS Issues Proposed Regulations Under Code Section 162(m), McGuireWoods Legal Alert, December 31, 2019
- Contributing Author, "Employee Benefits Law," Bloomberg BNA, 2019 Supplement
- Author, New Regulations Expand Use of Health Reimbursement Arrangements, McGuireWoods Legal Alert, July 12, 2019
- Author, IRS Updates Correction Program for Retirement Plans, McGuireWoods Legal Alert, April 23, 2019
- Author, Multi-employer Plan Withdrawal Liability — Lessons From The E Company Case, McGuireWoods Legal Alert, March 26, 2019
- Author, IRS Proposes Changes to Hardship Distribution Regulations, McGuireWoods Legal Alert, November 26, 2018
- Author, IRS Updates Retirement Plan Correction Program, McGuireWoods Legal Alert, October 8, 2018
- Contributing Author, "Employee Benefits Law," Bloomberg BNA, 2018 Supplement
- Author, Third Parties Face Pension Liability Under Controlled-Group and Successorship Theories, McGuireWoods Legal Alert, September 18, 2018
- Author, Purchasing Assets of Employers in MEPs: Withdrawal Liability as a Successor, McGuireWoods Legal Alert, July 2, 2018
- Author, The Just Born Case: Responding to the Multiemployer Pension Crisis, McGuireWoods Legal Alert, May 3, 2018
- Author, 9th Circuit: Employers Are Not ERISA Fiduciaries For Unpaid Multi-Employer Plan Contributions, McGuireWoods Legal Alert, April 2, 2018
- Author, Expanded DOL Disability Claims Procedure Rules Become Effective April 1, McGuireWoods Legal Alert, March 28, 2018
- Author, Supreme Court Again Rejects Sixth Circuit Finding of Lifetime Retiree Medical Benefits, McGuireWoods Legal Alert, March 15, 2018
- Author, IRS Announces Changes to Voluntary Correction Program Fees, McGuireWoods Legal Alert, January 22, 2018
- Author, The New Tax Rules for Executive Compensation and Employee Benefits, McGuireWoods Legal Alert, December 29, 2017
- Author, ISS Updates Proxy Voting Guidelines for U.S. Public Companies, McGuireWoods Legal Alert, December 14, 2017
- Author, DOL Finalizes 18-Month Fiduciary Rule Delay, Extends Enforcement Policy, McGuireWoods Legal Alert, December 7, 2017
- Author, PBGC Suits Challenging Standard Terminations: Statute of Limitations and Third-Party Claims, McGuireWoods Legal Alert, December 4, 2017
- Author, GOP Tax Reform Bill: Major Impact on Employee Benefits, McGuireWoods Legal Alert, November 6, 2017
- Author, PBGC Issues Guidance on ‘Active Participant Reduction’ Reportable Events, McGuireWoods Legal Alert, September 29, 2017
- Author, SEC Issues Pay Ratio Guidance, McGuireWoods Legal Alert, September 27, 2017
- Contributing Author, "Employee Benefits Law," Bloomberg BNA, 2017 Supplement
- Author, DOL Proposes 18-Month Fiduciary Rule Delay; Issues New Guidance, McGuireWoods Legal Alert, September 7, 2017
- Author, Labor Department’s Fiduciary Rule Impacts Investment Managers, McGuireWoods Legal Alert, July 13, 2017
- Author, DOL Asks Public for More Input on Fiduciary Rule and Exemptions, McGuireWoods Legal Alert, July 5, 2017
- Author, Supreme Court: ERISA ‘Church Plan’ Exemption Applies to Religiously Affiliated Hospital Plans, McGuireWoods Legal Alert, June 8, 2017
- Author, No Delay of DOL Fiduciary Rule’s June 9 Applicability Date; Additional Guidance Issued, McGuireWoods Legal Alert, May 24, 2017
- Author, DOL Finalizes 60-Day Delay of Fiduciary Rule Applicability, McGuireWoods Legal Alert, April 10, 2017
- Author, DOL Issues Temporary Enforcement Policy for Fiduciary Rule, McGuireWoods Legal Alert, March 16, 2017
- Author, IRS Issues Substantiation Guidelines for Safe-Harbor Hardship Withdrawals, McGuireWoods Legal Alert, March 15, 2017
- Author, DOL Proposes 60-Day Delay of Applicability Date for Fiduciary Rule, McGuireWoods Legal Alert, March 3, 2017
- Co-author, "COBRA – Continuation Coverage Requirements of Employee Health Care Plans," Employment Law in Virginia, 2016
- Author, DOL Issues First Wave of Fiduciary Rule Guidance, McGuireWoods Legal Alert, November 3, 2016
- Author, IRS Updates Correction Program for Retirement Plans, McGuireWoods Legal Alert, October 7, 2016
- Author, DOL Delivers Final Fiduciary Investment Advice Rule, McGuireWoods Legal Alert, April 15, 2016
- Author, Supreme Court: ERISA Pre-empts Vermont’s Health Data Collection Law as Applied to Self-Insured Health Plans, McGuireWoods Legal Alert, March 3, 2016
- Author, Déjà Vu All Over Again: Congress Grants Retroactive Transit Parity, IRS Issues Payroll Guidance, McGuireWoods Legal Alert, January 14, 2016
- Contributing Author, "Employee Benefits Law," Bloomberg BNA, 2015
- Author, Central States Pension Fund Submits Plan for Reducing Benefits, McGuireWoods Legal Alert, October 8, 2015
- Author, Pension Benefit Guaranty Corporation Issues Final Regulations on Reportable Events, McGuireWoods Legal Alert, September 25, 2015
- Author, IRS Issues Guidance on Participant Voting Requirement for Benefit Suspensions under MPRA, McGuireWoods Legal Alert, September 2, 2015
- Author, Ninth Circuit: Multiemployer Plan Calling Unpaid Contributions “Plan Assets” Does Not Make Persons Controlling Contribution Payments ERISA Fiduciaries, McGuireWoods Legal Alert, August 12, 2015
- Author, IRS, PBGC Issue Guidance on Multiemployer Plan Benefit Suspensions and Plan Partitions, McGuireWoods Legal Alert, June 18, 2015
- Co-author, "IRS Provides New Flexibility to Correct Retirement Plan Errors," Bloomberg BNA Tax and Accounting Center, May 2015
- Author, The DOL’s New Proposal on ERISA Fiduciary Status for Investment Advisers, McGuireWoods Legal Alert, April 22, 2015
- Co-author, IRS Provides New Flexibility to Correct Retirement Plan Errors, McGuireWoods Legal Alert, April 13, 2015
- Co-author, "Patent Infringement Lawsuit Reminds ERISA Fiduciaries to Monitor Service Providers," Pension Plan Fix-It Handbook, March 2015
- Author, Patent Infringement Lawsuit Reminds ERISA Fiduciaries to Monitor Service Providers, McGuireWoods Legal Alert, January 21, 2015
- Author, “Cromnibus Act” Changes for Multiemployer and Single-Employer Defined Benefit Pension Plans, McGuireWoods Legal Alert, December 26, 2014
- Co-author, "Is Deferred Compensation Exempt from ERISA? Maybe or Maybe Not…," Employee Benefit Plan Review, October 2014
- Co-author, "Tatum “Reverse Stock-Drop” Case Has Important Lessons for Employers and Fiduciaries," Bender’s Labor & Employment Bulletin, October 2014
- Author, Tatum “Reverse Stock-Drop” Case Has Important Lessons for Employers and Fiduciaries, McGuireWoods Legal Alert, August 21, 2014
- Co-author, "Final Rule Issued on Phase-in of PBGC Guarantee for Shutdown Pensions," Bloomberg BNA, June 4, 2014
- Author, Final Rule Issued on Phase-in of PBGC Guarantee for Shutdown Pensions, McGuireWoods Legal Alert, May 8, 2014
- Author, IRS Issues Guidance on Historic Tax Credits, McGuireWoods Legal Alert, February 4, 2014
- Author, ERISA Lessons in the Supreme Court’s Heimeshoff Decision, McGuireWoods Legal Alert, February 3, 2014
- Co-author, "IRS Issues Final Regulations on Individual Mandate to Maintain Healthcare Coverage," American Health Lawyers Association, October 11, 2013
- Author, IRS Issues Final Regulations on Individual Mandate to Maintain Healthcare Coverage, McGuireWoods Legal Alert, August 29, 2013
- Author, Seventh Circuit Allows Suits Against Insurance Companies for ERISA Benefit Claims, McGuireWoods Legal Alert, August 14, 2013
- Author, Multiemployer Plan Withdrawal Liability Can be Trap for the Unwary, McGuireWoods Legal Alert, May 16, 2013
- Author, Proposed Rules Issued on 90-Day Waiting Period Limitation for Health Benefits, McGuireWoods Legal Alert, April 2, 2013
- Author, IRS Updates Correction Program for Retirement Plans, McGuireWoods Legal Alert, January 28, 2013
- Author, Sixth Circuit Holds SUB Payments Not Subject to FICA Taxes: Employers Should Consider Filing Refund Claims, McGuireWoods Legal Alert, November 1, 2012
- Contributing Author, Employee Benefits Law, 2009