McDermott Will & Schulte, a global law firm

Brian regularly advises clients on prohibited transaction issues and has successfully obtained prohibited transaction exemptions from the US Department of Labor on behalf of multiple clients. His experience includes advising on compliance with statutory and class prohibited transaction exemptions, as well as on captive reinsurance arrangements.

He represents clients in negotiations before the Internal Revenue Service and the US Department of Labor and Pension Benefit Guaranty Corporation, including in connection with plan audits. He has assisted clients with internal compliance reviews, voluntary correction filings under the Employee Plans Compliance Resolution System (EPCRS) and applications for determination letters on tax qualification.

Brian is a frequent author and speaker on employee benefits issues related to the investment of tax-qualified plan assets and issues resulting from domestic partnerships and same-sex marriages. Brian has presented at the Association for Financial Professionals’ annual conferences, the New York University Institute on Federal Taxation and the Out & Equal Workplace Summit.

Brian serves on the Firm’s Diversity and Inclusion Committee and the Recruiting Committee, and co-chairs the Firm’s summer associate programs for the Chicago office.

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• Advised multiple clients on the termination of their pension and 401(k) plans, including obtaining determination letters from the IRS on the tax-qualified status of the plans upon termination
• Counseled multiple clients on withdrawal from multi-employer plans, including negotiation of withdrawal liability and the design and implementation of replacement 401(k) plan benefits for union employees
• Obtained determination letters from the IRS on the tax-qualified status of pension and 401(k) plans
• Obtained compliance statements from the IRS through the voluntary correction program under the Employee Plans Compliance Resolution System (EPCRS)

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