Martindale-Hubbell® AV Peer Review Rated

David Joffe practices in the areas of employee benefits, executive compensation and employment law.  David assists clients in establishing and maintaining pension, welfare, deferred compensation and employee stock ownership plans (ESOPs).

Employee Benefits:  David advises clients on the design, implementation and administration of qualified and nonqualified benefit plans.  He consults with plan sponsors, administrators and fiduciaries of private, governmental, multiemployer and church plans.  David has experience with a variety of benefit plan arrangements, including traditional defined benefit pension plans, 401(k) and other thrift plans, profit sharing plans, SIMPLE plans, IRAs, SEPs, HR 10 or Keogh plans, prototype plans and ESOPs.  David counsels employers on the tax aspects of such plans, including qualification issues and reporting obligations.  He also regularly advises on related ERISA issues, including reporting and disclosure requirements, participation and vesting issues, fiduciary duties, prohibited transactions and trustee obligations.  David routinely advises employers regarding welfare benefit plan issues (insured and self funded), including the requirements under COBRA, HIPAA and other laws relating to group health, life, disability and retiree medical plans. As a related matter, David prepares and advises employers on Section 125 cafeteria plans, health and dependent care flexible spending arrangements, and Section 501(c)(9) VEBA trusts. He is routinely involved with disputes, including litigation, relating to benefit claims. David represents employers and fiduciaries on compliance issues and with audits conducted by the IRS, DOL and other governmental agencies.  He also advises sponsors and administrators on self correction programs including EPCRS and VFC.

Executive Compensation: David regularly counsels employers and executive management on compensation issues.  He has extensive experience with deferred compensation arrangements (e.g. nonqualified deferred compensation plans, excess benefit and top hat plans, SERPs, golden parachutes, split dollar agreements and rabbi trusts).  He advises executives as well as board members on stock based compensation issues.  David is frequently involved in preparing executive compensation plans and individual executive employment and compensation agreements.  He also works with employers on related employment tax issues, including tax reporting and withholding requirements.

Labor and Employment:  David counsels employers on a broad range of labor and employment issues. He advises on hiring issues, employment discrimination issues, employee handbooks and policies, e mail and employee privacy issues, wage and hour requirements, and employment terminations.  He regularly advises employers on the many laws affecting them, including the ADA, ADEA, FLSA, FMLA, Title VII and WARN.  David regularly advises employers on severance plans and agreements, exit incentive programs, early retirement programs and other employment termination programs involving reductions in force.

David counsels employers on benefits and employment matters relating to mergers, acquisitions and other business combinations.  His clients include public and private employers ranging in size from small businesses and professional corporations to large service corporations, governmental entities, manufacturing facilities and hospital systems.  David also assists various insurance companies, trustees, third party administrators and other fiduciaries.

Prior to joining Boult, Cummings, Conners & Berry, PLC, David was a Director and Assistant Corporate Secretary for Mary Kay Inc. in Dallas.  He handled matters for the company in the areas of labor and employment, employee benefits, immigration and general litigation  both domestic and international.  Prior to joining Mary Kay Inc. in 1994, he practiced for six years with the law firm of Thompson & Knight, P.C. in Dallas.

David was awarded an AV rating, the highest rating possible, from Martindale-Hubbell ® Law Directory, the country's foremost legal directory. He is listed in Mid-South Super Lawyers 2006   for his Employee Benefits/ERISA practice.

10/30/2008	New Guidance on Proxy Voting and Investment Policies for Employee Benefit Plans
10/17/2008	New Benefit Limits for 2009
07/11/2008	Upcoming Medicare Changes Affecting Employee Benefit Plans
	More     Publication Sign Up

02/27/2008	Alive Hospice Announces 2008 Board Members
01/28/2008	The Ethics of Office Gambling
11/06/2006	Twenty Boult Cummings Attorneys Named to the Mid-South Super Lawyers 2006
	More

11/05/2008	Negotiating Executive Compensation Agreements
06/26/2008	Employee Benefits: Managing Your Risks
11/01/2007	Current Developments in Employee Benefits
	More