Bill Walderman, a member of Sutherland's Tax Practice Group, concentrates in the areas of insurance company and product taxation and employee benefits, with particular emphasis on the fiduciary standards of the Employee Retirement Income Security Act of 1986 (ERISA). In the insurance tax arena, Bill focuses on captive insurance programs and alternative risk-management techniques, which involve designing, evaluating and remediating life insurance and annuity products. He also has experience with corporate life insurance purchases and insurance tax controversies, and frequently represents clients seeking private letter rulings and compliance waivers before the Internal Revenue Service (IRS). Bill's ERISA work includes representing clients before the U.S. Department of Labor in prohibited transaction exemption and advisory opinion proceedings and in enforcement matters. He regularly advises clients on ERISA fiduciary issues arising in connection with fee structures, securitizations and privately offered funds, and product design. Before joining the firm in 1988, Bill spent nearly 14 years with the Office of the Solicitor for the U.S. Department of Labor, where he was involved in most aspects of the department's ERISA program. Publication · Co-author, "First 100 days and labor law," Daily Report (May 1, 2009) Industries Retirement Products and Services Legal Alerts Legal Alert: Supreme Court to Hear Appeal on Constitutionality of Health Reform Law
November 16, 2011 Legal Alert: IRS Releases Advance Draft of Proposed Regulations on Governmental Plans
November 9, 2011 Legal Alert: Two Classes of Annuity Providers Do Not Violate § 403(b) Universal Availability Requirement
November 3, 2011 Legal Alert: ERISA Participant Disclosure Will Not Violate SEC Advertising Rules
November 2, 2011 Legal Alert: DOL Updates ERISA PTE Procedures
October 31, 2011 Legal Alert: DOL Releases Final PPA Participant Advice Regulation
October 26, 2011 Legal Alert: New Worker Classification Procedures Affect IRS/DOL Compliance and Enforcement Efforts
September 26, 2011 Legal Alert: DOL Releases Interim Guidance on Electronic Disclosure to Participants of Fee and Expense Information
September 20, 2011 Legal Alert: IRS Pulls the Plug on Efforts to Tax Employer-Provided Cell Phones
September 19, 2011 Legal Alert: IRS Issues Final Regulations on Penalties for Reportable Transactions
September 13, 2011 Legal Alert: 2011-2012 Regulatory Agendas for Employee Benefits Published by Treasury and DOL
September 6, 2011 Legal Alert: New Rules for Summaries of Health Benefits and Coverage
August 23, 2011 Legal Alert: Guidance on Purchasing Health Coverage in an Insurance Exchange
August 19, 2011 Legal Alert: IRS Issues Interim Guidance on the Federal Income Tax Treatment of Annuity and Life Insurance Contracts with a Long-Term Care Insurance Feature
August 16, 2011 Legal Alert: 11th Circuit Rules PPACA Mandate is Unconstitutional - Supreme Court Review Likely
August 15, 2011 Legal Alert: New Guidelines for Women's Preventive Health Care
August 4, 2011 Legal Alert: DOL Further Defers Compliance Dates for New Disclosures
July 15, 2011 Legal Alert: DOL Opines on Scope of PTE 86-128
July 7, 2011 Legal Alert: IRS Modifies Guidance on Partial Exchanges of Annuity Contracts
June 30, 2011 Legal Alert: Changes to PPACA Claims and External Review Rules Include More Transition Relief
June 29, 2011 Legal Alert: DOL Opines on QPAM Issue in Stable Value Context
June 9, 2011 Legal Alert: IRS Rules that Annuity Payouts with Automatic Increases Are Not "Substantially Equal Periodic Payments"
May 24, 2011 Legal Alert: The Latest Guidance on Health Reform: Reporting the Cost of Coverage to Employees and More FAQs on Grandfathered Plans
April 8, 2011 Legal Alert: IRS Rules on Additional Wrap Programs Paid for Outside of IRAs
March 10, 2011 Legal Alert: IRS Rules on 403(b) Plan Terminations
March 1, 2011 Legal Alert: DOL Advisory Opinions Consider Fiduciary Issues
February 16, 2011 Legal Alert: Ready...Aim...Fire! FY 2012 Budget Proposals (Once Again) Target Insurance Companies
February 16, 2011 Legal Alert: Another Strike Against PPACA
February 2, 2011 Legal Alert: Supreme Court Holds Chevron Deference Applicable to "Interpretive" Regulations
January 26, 2011 Legal Alert: 2010 in Review: ERISA Individual Prohibited Transaction Exemptions
January 6, 2011 Legal Alert: 2011 Regulatory Agendas for Employee Benefits Published by Treasury and DOL
January 5, 2011 Legal Alert: IRS Rules Again on Annuity Issues in Defined Contribution Plans
January 4, 2011 Legal Alert: IRS Provides Relief for Retirement Plan Providers from New Tax Return Preparer (PTIN) Requirements
January 3, 2011 Legal Alert: IRS Issues Guidance Delaying Enforcement of Nondiscrimination Rules for Insured Health Plans
December 29, 2010 Legal Alert: IRS Issues Guidance on the Deduction Limitation of Code Section 162(m)(6)
December 29, 2010 Legal Alert: IRS Further Expands Availability of Rev. Rul. 81-100 Group Trusts, and Extends Time to Spin Off Puerto Rican Participants from U.S. Plans
December 22, 2010 Legal Alert: Court Finds Individual Mandate of PPACA Unconstitutional
December 16, 2010 Legal Alert: DOL Proposes Further Disclosures for Target Date Funds and Default Investments
December 6, 2010 Legal Alert: IRS Expands Code § 409A Correction Guidance
December 6, 2010 Legal Alert: IRS Issues Guidance on In-Plan Roth Rollovers
December 3, 2010 Legal Alert: IRA Providers Give Thanks to IRS
November 29, 2010 Legal Alert: IRS Expands Unforeseeable Emergency Distributions for 409A and 457(b) Plans
November 11, 2010 Legal Alert: DOL Proposes to Expand "Fiduciary" Status under ERISA
October 25, 2010 Legal Alert: DOL Finalizes New ERISA Disclosure Rules for Participant-Directed Retirement Plans
October 20, 2010 Legal Alert: Round-up of Recent Guidance on Health Care Reform
October 15, 2010 Legal Alert: DOL OIG Recommends Further ERISA Regulation of Service Provider Conflicts of Interest
October 6, 2010 Legal Alert: Department of Labor Commences Proxy Voting Inquiry
August 9, 2010 Legal Alert: Agencies Issue Rules Implementing Preventive Care Requirements
July 21, 2010 Legal Alert: DOL Issues New ERISA Disclosure Requirements for Retirement Plan Service Providers
July 20, 2010 Legal Alert: IRS Updates Model Language for Traditional, Roth, and SIMPLE IRAs
July 7, 2010 Legal Alert: Final Early Retiree Reimbursement Application Available
June 29, 2010 Legal Alert: PPACA Rules on Preexisting Condition Exclusions, Lifetime and Annual Limits, Rescissions of Coverage, and Patient Protections Issued
June 28, 2010 Legal Alert: DOL Releases Final Regulations Relating to Time and Order of QDROs
June 10, 2010 Legal Alert: Early Retiree Reimbursement Application Available
June 3, 2010 Legal Alert: Supreme Court Holds that ERISA Does Not Impose "Prevailing Party" Requirement for Award of Attorneys' Fees
May 24, 2010 Legal Alert: Plan Amendments Required in 2010
May 18, 2010 Legal Alert: New Rules on Extension of Health Plan Coverage to Children Up to Age 26
May 12, 2010 Legal Alert: DOL and SEC Publish Investor Bulletin on Target Date Funds
5/12/2010 Legal Alert: Preparing for the Early Retiree Reinsurance Program: A Checklist
May 11, 2010 Legal Alert: Health Care Reform - Understanding the Grandfather Rules
May 5, 2010 Legal Alert: DOL Publishes 2010 Regulatory Agenda for Employee Benefits
April 28, 2010 Legal Alert: ERISA 401(k) Plan Proprietary Fund Claims Dismissed in Part
March 23, 2010 Legal Alert: Department of Labor Introduces New §403(b) Web Page and Provides Additional §403(b) Guidance
March 1, 2010 Legal Alert: Department of Labor Reproposes PPA Participant Investment Advice Regulation
March 1, 2010 Legal Alert: Broker's Wage and Hour Collective Action Dismissed in Favor of Enforcing Arbitration Agreement
February 10, 2010 Legal Alert: DOL and Treasury Request Information on Lifetime Income Options for Retirement Plan Participants
February 2, 2010 Legal Alert: FY 2011 Budget Contains a Number of Tax Proposals Targeting Insurance Companies
February 2, 2010 Legal Alert: DOL Issues Model Notices Updated for the Extension of the COBRA Premium Subsidy
January 19, 2010 Legal Alert: DOL Finalizes Safe Harbor for Timely Remittance of Participant Contributions to Small Plans
January 14, 2010 Legal Alert: IRS Rules on Annuity Issues in Defined Contribution Plans
January, 6, 2010 Legal Alert: The Criminal Provisions of ERISA
January 4, 2010 Legal Alert: Extension of the COBRA Premium Subsidy
December 24, 2009 Legal Alert: IRS Rules That Quota Share Reinsurance Arrangements Are "Insurance" and Continues to Apply Prior Principles
December 18, 2009 Legal Alert: Year-End IRS Guidance: Limited PPA Amendment Relief, § 403(b) Opinion/Determination Letters, 2009 Cumulative List and § 409A/TARP Relief
December 16, 2009 Legal Alert: 2009-2010 Regulatory Plans for Employee Benefits Are Published
December 14, 2009 Legal Alert: IRS Releases Chief Counsel Advice on Year-End Bonus Accruals
December 14, 2009 Legal Alert: DOL Confirms that Assets in Registered Fund of Funds are not Subject to ERISA
December 11, 2009 Legal Alert: IRS Issues Initial Rulings on "Contingent" Annuities
December 7, 2009 Legal Alert: Haddock Update - Class Certification Granted
November 16, 2009 Legal Alert: Worker, Homeownership, and Business Assistance Act of 2009 Adds Five-Year Carryback Period for 2008 or 2009 Operations Losses of Life Insurance Companies
November 6, 2009 Legal Alert: Deferred Compensation Timing Rules, Rather Than Subchapter L, Govern Insurance Company's Deduction for Retiree Medical Benefits
October 28, 2009 Legal Alert: New Regulations Prohibit Discrimination in Health Plans Based on Genetic Information and Revise Related Privacy Rules
October 6, 2009 Legal Alert: IRS Approves "Longevity" Annuity
September 28, 2009 Legal Alert: Summary Prospectus May Be Used to Satisfy ERISA § 404(c) Prospectus Delivery Requirement
September 9, 2009 Legal Alert: Treasury Announces Retirement Savings Initiatives
September 9, 2009 Legal Alert: Treasury Adopts Good Faith Rule for Minimum Distributions From Governmental Plans
September 8, 2009 Legal Alert: GAO Reports on Alternative Approaches to Private Pensions
August 28, 2009 Legal Alert: Proposed Neal Bill Reintroduced to Limit Deductibility of Offshore Related Insurance Premiums
August 3, 2009 Legal Alert: DOL Provides Form 5500 Transition Relief for 403(b) Programs
July 22, 2009 Legal Alert: IRS Completes Process of Declaring Selected Pre-2007 § 403(b) Guidance Obsolete
June 30, 2009 Legal Alert: IRS Provides Guidance on PPA Rules for Employer-Owned Life Insurance
June 2, 2009 Legal Alert: IRS Proposes Regulations Permitting Suspension or Reduction of Safe Harbor Nonelective Contributions
May 20, 2009 Legal Alert: IRS Rules on Long-Term Care Coverage Provided Through an Annuity Contract
May 12, 2009 Legal Alert: IRS Rules on Secondary Market Sales of Life Insurance Contracts
May 5, 2009 Legal Alert: IRS Posts Draft Prototype 403(b) Plan Language for Comment
April 14, 2009 Legal Alert: House Legislation Proposes Up to 12 Weeks of Annual Paid Leave for U.S. Workers
April 9, 2009 Legal Alert: DOL Issues Model Notices for COBRA Premium Reduction
March 20, 2009 Legal Alert: Fed and FTC Regulation of Retirement Plan Loans to Participants: Going and Coming?
March 12, 2009 Legal Alert: Summary Judgment for 401(k) Plan Sponsor in ERISA Revenue Sharing/Excess Fee Litigation
March 9, 2009 Legal Alert: Economic Stimulus Package Creates New Whistleblower Protections for Employees of Government Contractors
March 9, 2009 Legal Alert: DOL Continues to Provide ERISA Relief Facilitating Liquidity for Auction Rate Securities
March 4, 2009 Legal Alert: Automatic Contribution Arrangements - Final Regulations
March 3, 2009 Legal Alert: IRS Publishes Final 2009 Form 5498 for IRAs
February 20, 2009 Legal Alert: Seventh Circuit Affirms Judgment for Employer and Mutual Fund Complex in ERISA Revenue Sharing/Excess Fee Litigation
February 13, 2009 Legal Alert: America's Next Top Model? DOL Provides Guidance and Model for Annual Funding Notice for Defined Benefit Plans
February 11, 2009 Legal Alert: DOL Proposes to Delay PPA Investment Advice Regulations
February 3, 2009 Legal Alert: President Obama Signs Into Law the Lilly Ledbetter Fair Pay Act
February 2, 2009 Legal Alert: Supreme Court Holds That ERISA Plan Documents Control in Death Benefit Waiver Dispute
January 29, 2009 Legal Alert: DOL Finalizes PPA Investment Advice Regulations; Future Status Is Uncertain
January 28, 2009 Legal Alert: Final Regulations Adopted on ERISA Civil Penalties for PPA Disclosure Violations
January 7, 2009 Legal Alert: Worker, Retiree, and Employer Recovery Act Provides Minimum Required Distribution and Pension Funding Relief
January 5, 2009 Legal Alert: IRS Provides Relief for 403(b) Plans
December 16, 2008 Legal Alert: Ho-Ho-Hold the Tax Reporting: IRS Further Delays Tax Reporting for Compliant Deferred Compensation
December 11, 2008 Legal Alert: DOL Issues Field Guidance on ERISA Bonding Requirement
December 1, 2008 Legal Alert: First Circuit Allows ERISA Retained Asset Account Claim to Proceed
November 12, 2008 Legal Alert: DOL Proposes ERISA Exemptions to Facilitate Liquidity for Retirement Plans Holding Auction Rate Securities
November 10, 2008 Legal Alert: DOL Issues Final Regulations Under ERISA Cross Trade Exemption
October 21, 2008 Legal Alert: DOL Revises ERISA Interpretive Statements on Shareholder Rights and Economically Targeted Investments
October 17, 2008 Legal Alert: DOL Publishes Final ERISA Regulations on Annuity Selection for Defined Contribution Plans
October 8, 2008 Legal Alert: Treasury Money Market Guarantee Program: New Developments for Insurance-Dedicated Funds
October 8, 2008 Legal Alert: Financial Rescue Legislation - Employee Benefits and Executive Compensation Provisions
October 6, 2008 Legal Alert: ERISA Revenue-Sharing Litigation Update: One Class Certification Denied; Two Classes Certified; Motion to Dismiss
October 3, 2008 Legal Alert: Treasury Department Money-Market Mutual Fund Guaranty Program May Present Tax Issues for Insurance-Dedicated Funds
September 24, 2008 Legal Alert: IRS and Treasury Issue 2008-2009 Business Plan
September 17, 2008 Legal Alert: IRS Enhances Voluntary Correction Program for Retirement Plans
August 19, 2008 Legal Alert: IRS Applies IRC Section 72(w) to Annuity Partially Accrued While a Non-Resident Alien
August 12, 2008 Legal Alert: Ruling Prohibits the Transfer of a Retirement Plan Outside of the Controlled Group as a Financial Transaction
August 11, 2008 Legal Alert: Fourth Circuit Rejects SOX Whistleblower Appeal Based on Employee's Failure to Show Protected Activity
August 11, 2008 Legal Alert: DOL Adds Enforcement Guidelines for Gifts and Entertainment Provided to Plan Fiduciaries
August 7, 2008 Legal Alert: IRS and Treasury Finalize Regulations for Valuing Annuities in Roth Conversions
August 1, 2008 Legal Alert: DOL Proposes Additional Fee and Investment-Related Disclosures for Participant-Directed Plans
July 25, 2008 Legal Alert: IRS, Treasury Implement PPA Clarification of Required Minimum Distribution Rules for Government Plans
July 10, 2008 Legal Alert: High Court Rules in Favor of Free Speech for Employers in Workplace Labor Organization Debate
July 1, 2008 Legal Alert: Pension Plan May Vary Imputed Service Based, in Part, on Age
July 1, 2008 Legal Alert: Supreme Court Addresses Conflicts of Interest in ERISA Benefit Claims - Metropolitan Life Insurance Company v. Glenn
July 1, 2008 Legal Alert: Supreme Court: Employers Must Prove "Reasonableness" in Age Discrimination Cases
July 1, 2008 Legal Alert: Genetic Information Nondiscrimination Act Signed Into Law
June 16, 2008 Legal Alert: Section 404(k) Dividend Reporting
June 11, 2008 Legal Alert: U.S. Supreme Court Allows Retaliation Claims Under Section 1981
June 2, 2008 Legal Alert: Court Rejects Attempt to Apply ERISA to Fee and "Revenue Sharing" Claims Relating to 403(b) Annuities for Public School Employees
May 28, 2008 Legal Alert: Former Participants Have Standing to Pursue Equitable, But Not Legal Remedies With Respect to IRA Rollovers
May 5, 2008 Legal Alert: DOL Opines on Offshore Custody of Pooled Plan Assets
April 23, 2008 Legal Alert: IRS Clarifies Grandfathering Rules for Split Dollar Life Insurance Contracts
April 2, 2008 Legal Alert: District Court Rules that State's Prohibition of "Discretionary Clauses" Not Preempted by ERISA
March 10, 2008 Legal Alert: IRS Issues Guidance on PPA Distribution-Related Provisions
March 10, 2008 Legal Alert: DOL Proposes Small Plan Safe Harbor for Remitting Participant Contributions to Plan
March 3, 2008 Legal Alert: High Court Declines to Draw Bright Line on Admissibility of "Me Too" Evidence in Employment Discrimination Cases
March 3, 2008 Legal Alert: DOL Addresses Fiduciary Responsibility to Collect Delinquent Plan Contributions
February 25, 2008 Legal Alert: Supreme Court Agrees to Hear Case on ERISA's Anti-Alienation Provision
February 25, 2008 Legal Alert: IRS Rules Against Qualified Long-Term Care Insurance in 401(k) Plan
February 21, 2008 Legal Alert: Supreme Court Allows ERISA Relief for Individual Plan Accounts
February 21, 2008 Legal Alert: DOL Opines on ERISA Preemption After the Pension Protection Act
February 20, 2008 Legal Alert: IRS Issues Form to Report Employer-Owned Life Insurance
February 7, 2008 Legal Alert: DOL Clarifies Underwriter Exemptions
February 5, 2008 Legal Alert: IRS Issues Ruling and Proposed Guidance Regarding Protected Cell Companies
January 24, 2008 Legal Alert: U.S. Supreme Court Will Hear Three New Employment and ERISA Cases
January 24, 2008 Legal Alert: DOL Issues Additional Guidance on Proxy Activity by ERISA Plans
January 4, 2008 Legal Alert: EEOC Permits Coordination of Retiree Health Benefits with Medicare; IRS Provides Guidance Relevant to Dependent Health Care
January 3, 2008 Legal Alert: IRS Rules on Wash Sales Involving IRAs
January 2, 2008 Legal Alert: DOL Proposes New ERISA Disclosure Requirements for Plan Service Providers
December 13, 2007 Legal Alert: New "Revenue Sharing" Class Certification
December 6, 2007 Legal Alert: DOL Proposes Expansion of Settlement Class Exemption
November 27, 2007 Legal Alert: 403(b) Salary Reduction Agreement Defined for FICA Purposes
November 26, 2007 Legal Alert: IRS Implements Information Reporting for Employer-Owned Life Insurance
November 19, 2007 Legal Alert: Automatic Contribution Arrangements - Proposed Regulations
November 9, 2007 Legal Alert: Section 204(h) and Lump Sum Guidance Issued for Defined Benefit Plans
November 7, 2007 Legal Alert: DOL Issues Final Default Investment Regulations
October 23, 2007 Legal Alert: IRS Notice 2007-86 Provides General Extension of §409A Transition Relief Through 2008
October 23, 2007 Legal Alert: IRS Rules on Section 419 Funds Utilizing Cash Value Life Insurance
October 22, 2007 Legal Alert: IRS Challenges Section 419(e) "Single Employer" Plans
October 22, 2007 Legal Alert: Haddock Update - Fifth Amended Complaint Survives Motion to Dismiss
October 3, 2007 Legal Alert: IRS Provides Limited Relief and Additional Guidance Under Code Section 409A
September 14, 2007 Legal Alert: DOL Proposes Guidance on Annuities in Defined Contribution Plans
September 12, 2007 Legal Alert: IRS Proposes Comprehensive Cafeteria Plan Regulations
August 7, 2007 Legal Alert: Intended Operation of New 403(b) Transfer Rules Requires Immediate Attention
August 3, 2007 Legal Alert: Liberalization of Variable Insurance Product Diversification Requirements Proposed
July 31, 2007 Legal Alert: DOL Issues 403(b) Guidance
July 25, 2007 Legal Alert: IRS to Publish Section 457 Guidance
July 24, 2007 Legal Alert: Fair Minimum Wage Act of 2007 Increases Federal Minimum Wage
July 23, 2007 Legal Alert: Final Section 403(b) Regulations Are Announced
July 23, 2007 Legal Alert: Supreme Court to Consider ERISA Relief Available in Individual Account Plan Cases
June 19, 2007 Legal Alert: IRS Issues Final Section 409A Regulations
April 13, 2007 Legal Alert: DOL Issues First Guidance on PPA Investment Advice Provision
February 6, 2007 Legal Alert: Pension Protection Act of 2006 - Investments, Insurance and Services
August 10, 2006 Legal Alert: DOL Issues Proposed Amendment to Prohibited Transaction Exemption 84-24
September 28, 2004 Publications First 100 days and labor law
May 1, 2009 Reprinted with permission Daily Report |