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Band 1
Provided by David A Guadagnoli
Capital Markets
Compensation & Benefits Plan Design and Administration
Employment & Benefits
Environmental, Social and Governance (ESG)
ERISA Fiduciary
Executive Compensation
Financial Services
Hotels & Hospitality
Nonprofit & Education
Privacy & Data Security
Privately Held & Family Owned Businesses
Real Estate
Real Estate, Alternative & Offshore Investment Funds
Real Estate Industry
REITs
Tax
David concentrates his practice in employee benefits and executive compensation. With respect to benefits, David is experienced in the design, implementation and administration of welfare and fringe benefit arrangements and qualified retirement plans (including 401(k) plans and ESOPs) for large and small employers, retirement distribution planning for individuals and the design and implementation of nonqualified deferred compensation and equity compensation arrangements for public and private employers. David has extensive practical experience with nondiscrimination testing issues, plan recordkeeping and conversion issues, IRS and DOL audits and the use of self-correction and agency-approved programs and the use of ESOPs as a succession planning tool.
David also regularly negotiates employment, severance and change in control agreements, representing both executives and employers.
With over 30 years of experience as a practitioner, and having served as a plan fiduciary and on numerous boards, David brings a pragmatic approach to his practice and regularly counsels clients in the financial services industry by advising on and negotiating investment management agreements, structuring pension plan investments to avoid ERISA where possible (using venture capital operating companies (VCOCs) and real estate operating companies (REOCs), as appropriate), and helping clients navigate fiduciary and prohibited transaction issues under ERISA when not. David has worked with clients in manufacturing, real estate, professional services, education, financial services and the not-for-profit sectors.
David regularly speaks at seminars for the New England Employee Benefits Council, Massachusetts Society of CPAs and the American Society of Pension Professionals & Actuaries. David has published innumerable client alerts on employment benefit news and developments and was instrumental in creating a COVID Resource Center on Sullivan’s website, addressing a wide variety of coronavirus related issues by writing and publishing 28 client alerts that were sent out to the firm’s clients to help them cope with the impact of the COVID-19 pandemic and understand the implications of FFCRA, retirement and welfare provisions in the CARES Act, the Paycheck Protection Program and other actions taken by state governments and the federal government.
David has shepherded the practice to recognition by U.S. News Best Lawyers, Chambers USA and The Legal 500 U.S. and has been personally consistently ranked by Chambers USA, Best Lawyers in America® and The Legal 500 U.S.
David is admitted to the Massachusetts Bar.
Co-Chair, Qualified Plans, American Bar Association Section of Real Property, Trust and Estate Law
American and Boston Bar Associations
Director, New England Employee Benefits Council (NEEBC)
National Association of Stock Plan Professionals
National Center for Employee Ownership
Former Member, The ESOP Association's New England Chapter Executive Committee
Former Board Member, Family Business Association (FBA)
Advice concerning complex controlled group situations and related benefits analysis for several family offices of high net worth individuals
Benefits and executive compensation diligence in connection with a $90 million take-private transaction of a public company, including advice on benefits and payroll integration and merger of safe harbor 401(k) plan
Guide employer through process of correcting numerous autoenrollment failures in profit sharing plan using Internal Revenue Service corrective process
Assist retirement plan fiduciary committee in adding managed account product to qualified plan, and in considering ESG type investments
Serve pro bono as corporate counsel to the firm’s two largest pro bono clients
Boston University School of Law
LL.M. - Taxation
Boston University School of Law
J.D., cum laude
Boston University
M.B.A., cum laude
George Washington University
B.A.
Provided by Chambers
Provided by Chambers
David is highly regarded in the New England benefits community.
David is thorough and consultative in his approach. He is a great partner to the business.
David is great to work with and is extremely smart and thorough.
David is deeply committed to our organization and provides excellent service.
David is highly regarded in the New England benefits community.
David is thorough and consultative in his approach. He is a great partner to the business.
David is great to work with and is extremely smart and thorough.
David is deeply committed to our organization and provides excellent service.