David Foster is a tax partner who focuses primarily on employee benefits and executive compensation. His clients include privately held and publicly held companies in a wide variety of industries. He also represents tax-exempt companies, governmental instrumentalities and individuals. His secondary focus is on international taxation.
What do you focus on?
I have extensive experience with ERISA and other employee benefits and executive compensation matters, including:
I advise with respect to stock options, stock appreciation rights, restricted stock, severance plans, employment contracts, nonqualified deferred compensation plans and change in control programs. A particular current focus is section 409A of the Internal Revenue Code, which imposes strict conditions on nonqualified deferred compensation plans.
Employers seek my advice with respect to 401(k), 403(b), 457, profit-sharing and defined benefit pension plans. I focus in particular on 401(k) plans. Withdrawal liability from multiemployer pension plans is currently a hot topic due to significant underfunding.
Health and Welfare Benefits
I work in all areas of health and welfare benefits, but my current focus is on health care reform.
I work on employee benefits issues in connection with corporate transactions.
I also focus on international taxation, including in particular the interpretation of income tax treaties.