- Employee Benefits & Executive Compensation
- Retirement Products & Services
- Financial Services
- Banking & Financial Institutions
- Investment Adviser
- Private Investment Funds
- Mutual Funds
- Capital Markets & Investments
- Insurance Taxation
- Insurance Products
|Contact Info||Telephone: 202.383.0221|
|University ||University of Kansas, B.A. Phi Beta Kappa|
|Law School||Cornell University School of Law, J.D., magna cum laude Editor-in-Chief, Cornell Law Review, Order of the Coif|
|Admitted||1981, District of Columbia|
Co-Chair, IRI Retirement Summit (2012-present)
Past Presidents Council (2011-present), Former President (2009-2011) and Director (2008-2011), District of Columbia Bar Foundation
Former Director, D.C. Access to Justice Foundation (2009-2012)
Former Chair, Employee Benefits Committee, Tort Trial and Insurance Practice Section, American Bar Association (1991-1992)
Former Delegate, Joint Committee on Employee Benefits, American Bar Association
Former Member, Advisory Board, Georgetown Corporate Counsel Institute
|Born||Kansas City, Missouri, May 7, 1955|
Mark Smith helps financial service providers and Fortune 50 companies successfully design and administer retirement, employee benefit, insurance and executive compensation arrangements. He provides a pragmatic perspective on the tax, Employee Retirement Income Security Act (ERISA) and other legal considerations applicable to these arrangements.
Banks, broker-dealers, insurance companies, investment advisers and managers, mutual funds, retirement platforms, other product and service providers, and plan sponsors seek Mark's counsel on a broad range of consulting, transactional and regulatory matters. Clients say he has ”extensive experience and provides concise, easy-to-understand solutions.“
Mark has also managed more than 50 tax and ERISA cases in federal court, including Nationwide Mutual Insurance Co. v. Darden (Supreme Court 1992) and, for the amici, in Albertson's, Inc. v. Commissioner (9th Cir. 1993, 1994). Mark also advises on the taxation of corporate and nonqualified insurance products, including corporate- and bank-owned life insurance (COLI/BOLI) policies.
From 1999 to 2007, Mark served as partner-in-charge of Sutherland's Washington, DC, office and firmwide Executive Partner.
Sutherland negotiates the acquisition of financial products for benefit plans.
Sutherland represents retirement product and service providers before government regulators.
Sutherland assists in the design, regulatory approval and operation of several hundred insurance, investment and stable value products.
Awards and Rankings
Named to The Best Lawyers in America in the area of employee benefits (ERISA) law (2001-2015)
fellow, American College of Employee Benefits Counsel
Recognized in Legal 500 U.S.A. (2012-2013)
• 2006 Pension Protection Act
• 409A Law
Honorable Clement F. Haynsworth, Jr., U.S. Court of Appeals for the Fourth Circuit
Documents by this lawyer on Martindale.com
2014 in Review: ERISA Civil and Criminal Enforcement Activity by DOL Is Trending Upward
Brenna M. Clark,Adam B. Cohen,Brittany Edwards-Franklin,Andrea M. Gehman,W. Mark Smith, March 24, 2015
The Fact Sheet recently published by the U.S. Department of Labor (DOL) documenting Fiscal Year 2014 civil and criminal enforcement activity under the Employee Retirement Income Security Act of 1974, as amended (ERISA) showed a continuing increase in the number of investigations conducted by DOL.
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