David R. Johanson is a Shareholder in the Los Angeles, California office of Jackson Lewis P.C. and also services clients from our Napa, California location.
Mr. Johanson assists clients in general corporate matters and in employee ownership, benefit, ERISA, and related business matters, with an emphasis on executive compensation, equity incentive plans, non-qualified deferred compensation, employee stock ownership plans (ESOPs), ESOP transactions, mergers and acquisitions (and related tax planning), and business succession and estate planning. Mr. Johanson has served as outside general counsel to numerous corporate clients over the past 28 years. Mr. Johanson also frequently appears on behalf of clients in business and employment-oriented defense litigation in state and federal courts throughout the country, before regulatory agencies (e.g., U.S. Department of Labor, California Labor Commissioner, and the U.S. Equal Employment Opportunity Commission), in tax controversies before the Internal Revenue Service and comparable state regulatory agencies, and in dispute resolutions of various kinds. Mr. Johanson represents corporations in shareholder and non-competition disputes. Mr. Johanson is a member of the Southern California Mediation Association and a frequent Lecturer for the University of Southern California Mediation Clinic. Mr. Johanson has actively served as a Temporary Judge on a pro bono basis for the Los Angeles County Superior Courts since October of 2009.
Mr. Johanson has defended ERISA fiduciaries, plan sponsors, selling shareholders, and investment advisers in ERISA litigation matters involving ESOPs and business transactions in federal and state courts throughout the country in a wide range of controversies covering ERISA fiduciary responsibilities, ESOP valuation disputes, disclosure obligations, investment issues, and tax matters. He has extensive experience in negotiating ESOP, ERISA, and other issues with government regulatory agencies and in representing ERISA fiduciaries in litigation.
Recognized nationally for his experience and expertise in the ESOP and executive compensation field, Mr. Johanson is a past chair (1993-1995 and 2005-2007) of the legislative and regulatory advisory committee of The ESOP Association. He also is a past chair of The ESOP Association's advisory committee chairs council and is a former member of its board of directors. Mr. Johanson was honored at the 17th annual conference of The ESOP Association as the outstanding committee chair for 1993-94. Mr. Johanson served for more than ten years as General Counsel to The National Center for Employee Ownership and on its board of directors.
Education and Admissions: Mr. Johanson received his A.L.A. from Columbia College in 1980, his B.I.S. from the University of Minnesota (summa cum laude) in 1983, and his J.D. from the University of Minnesota (cum laude) in 1986. He is admitted to practice in California, the District of Columbia, Maryland, Minnesota and New York. He also is admitted to practice before the U.S. District Court (Northern, Eastern and Central Districts of California, Eastern and Western Districts of Wisconsin, District of Colorado, District of Maryland, and District of Minnesota), the U.S. Court of Appeals (Eighth, Ninth and Eleventh Circuits), the U.S. Tax Court, and the Supreme Court of the United States.
Co-Author, The Advantages of Selling to an ESOP,Current Issues for Employee Ownership Companies, a special publication for attendees of the 2013 Employee Ownership Conference. Published by the National Center for Employee Ownership and the Beyster Institute at UC San Diego Rady School of Management.
Co-Author, ESOP Drafting Considerations to Reinforce the Moench Presumption, The Travelers Companies, Inc. Client Alert, 2014. (Also at Napa Office)