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Additional representative experience

  • Created a proprietary risk assessment tool that provides a unique way of identifying and measuring fiduciary, plan governance and operational risk for employers who sponsor a retirement plan. The report generated with this tool serves as a benchmark for process-improvement strategies.
  • Represented the boards of large tax-exempt entities in the process of negotiating and drafting employment agreements and special nonqualified retirement arrangements for executives of those entities.
  • Devised and negotiated a favorable resolution for the correction of 401(k) plan loan errors affecting nearly 200 plans and 2,100 loans by leveraging the voluntary correction programs offered by both the Department of Labor and IRS.
  • Greg developed a sophisticated plan governance structure for the qualified plans of a Fortune 100 publicly-traded company so as to reduce the risk of ERISA fiduciary liability for its board of directors and officers.
  • Coordinating the efforts of other Benefits Group attorneys, Greg conducted a comprehensive review and analysis of the fiduciary processes and procedures used by three multiemployer benefit funds with over $7 billion in assets.
  • Shortly after regulatory changes allowed it, Greg helped a publicly-traded company add an ESOP component to its traditional 401(k) plan, allowing the company to claim additional corporate income tax deductions, at the same time that plan participants were given the option of receiving cash distributions of dividends paid on company stock held in the plan.
  • Greg served as lead defense counsel in the successful defense of a lawsuit challenging the denial of COBRA coverage, establishing new, employer-friendly precedent in the process. Maloney v. Ameristar Casinos, No. 4:09-cv-00673 (W.D. Mo. 3/9/2010).
  • During the spring of 2010 Greg guided two clients to early, advantageous settlements of disputes involving 401(k) plan fees and subrogation matters.
  • Greg currently advises a number of 401(k) plan service providers and plan sponsors in connection with 401(k) “excessive fee” issues.
  • As Chair of Spencer Fane’s ERISA Litigation Group, Greg successfully defeated a class action breach of fiduciary duty claim that was brought against a Fortune 20 client arising out of the Enron bankruptcy, convincing the Federal Court to dismiss the matter before discovery was authorized. Geiler v. Jones, 37 EBC 1018, 2006 Westlaw 407683 (D. Neb. Feb. 2, 2006).
  • Greg has advised clients with 401(k) plans that hold company stock about their fiduciary risks and obligations in light of recent stock-drop litigation.
  • Representing a large 401(k) plan sponsor and its administrative committee in a dispute with service providers following a plan conversion, Greg briefed, argued, and successfully defeated motions to dismiss his clients’ claims filed by the defendants on ERISA preemption grounds, ultimately resulting in a favorable settlement of the claims. Weyerhaeuser v. MFS Retirement Services, No. C03-2968P (W.D. Wash. 2004).