David Eckhardt

David focuses his practice on employee benefits, executive compensation and taxation.

David has extensive experience in executive compensation issues, including compliance of deferred compensation agreements under Internal Revenue Code section 409A and the structuring and tax treatment of equity arrangements. He also implements equity compensation plans in partnerships and limited liability companies.

David focuses on other employee benefit issues as well, including implementation and operation of qualified retirement plans (including ESOPs), compliance with the Employee Retirement Income Security Act (ERISA) and employment taxes. He further specializes in health and welfare plans and has given numerous presentations on the Affordable Care Act.

Some of David’s accomplishments include:

- Represented large publicly traded companies in structuring deferred compensation arrangements for executives and determining tax consequences upon sale of various subsidiaries, including issues relating to IRC § § 83, 409A and 280G.

- Counseled foreign publicly traded employer on strategies to comply with, and avoid penalties under, the Affordable Care Act.

- Advised investment management company on structuring multibillion-dollar payment of deferred management fees from hedge fund in compliance with Section 409A, and analyzed tax viability of structuring complete liquidation and transfer of assets and ownership to newly formed partnership.

- Represented startup technology company in a 50/50 merger with regard to treatment of stock option and other equity compensation rollovers into the resulting entity.

David previously worked in the national tax department of a Big 4 accounting firm in Chicago.