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Boston, MA 02109
TEL: (617) 338-2938
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David A. Guadagnoli
Partner
David A. Guadagnoli is a tax partner in the Boston office of Sullivan & Worcester LLP. He concentrates his practice in the employee benefits area and is experienced in the design, implementation and administration of welfare and fringe benefit arrangements and qualified retirement plans (including 401(k) plans and ESOPs) for large and small employers, retirement distribution planning for individuals and the design and implementation of nonqualified deferred compensation and equity compensation arrangements for public and private employers. Mr. Guadagnoli has extensive practical experience with nondiscrimination testing issues, plan recordkeeping and conversion issues, IRS and DOL audits and the use of self-correction and agency-approved programs and the use of ESOPs as a succession planning tool. Mr. Guadagnoli also regularly counsels clients in the financial services industry by advising on and negotiating investment management agreements, structuring pension plan investments to avoid ERISA where possible (using venture capital operating companies (VCOCs) and real estate operating companies (REOCs), as appropriate), and helping clients navigate fiduciary and prohibited transaction issues under ERISA when not. Mr. Guadagnoli has worked with clients in manufacturing, real estate, professional services, education, financial services and the not-for-profit sectors.
 
Bar Admissions
Publications
Client Advisories
Speaking Engagements
- National Institute of Pension Administrators (NIPA)
DOL & IRS Correction Programs
- National Center for Employee Ownership (NCEO)
Administrative Mistakes & How to Fix Them
- Northeast Area District IRS-ASPPA 2009 Conference
Fiduciary Issues in a Troubled Economy
- New England Chapter of ASPPA
Employee Plans Compliance Resolution System
Plan Correction Programs
How to Fix a Broken Plan
Plan Terminations: Case Studies and Real World Examples
- New England Employee Benefits Council (NEEBC)
Employee Benefits Reporting and Disclosure Requirements: Form 5500 . . . and Beyond!
Sleep Better at Night: Using IRS and DOL Correction Programs for Retirement Plans
ERISA Reporting and Disclosure Requirements: Form 5500 . . . and Beyond!
Update on DOL Initiatives and Enforcement Program
Defined Contribution Retirement Plans: Fiduciary Duties and Risks
Retirement Plan Compliance Testing: What Every Benefits Professional Needs to Know
Maximize Your Employee Benefits
- New England Chapter of The ESOP Association
ESOP Participant Statements: Your Account Trail
Drinking from the ESOP Fountain
Legal, Regulatory & Valuation Update
Fiduciary Issues for Internal Trustees, A Legal Perspective
ESOPs: Get a Clue
Maximizing the Value of Your ESOP in Challenging Times
ESOP Distributions for ESOP Participants
Legal Duties of the HR Staff in an ESOP Company
ESOPs and Other Benefit Plans
Valuation Made Simple: Basics for the HR Professional
Selecting an ESOP Valuation Firm
The Sky is Not Falling: Understanding Health Care Reform
- SBANE and Succession Planning Programs
Use of ESOPs as a Succession Planning Tool
- Benefits Special Interest Group of NEHRA, Wilmington Chamber of Commerce, and others
HIPAA Privacy Rules
Awards & Honors
- Best Lawyers in America (2013)
- Legal 500 U.S. (2012)
- Massachusetts Super Lawyers (2006-2012)
- Chambers USA, Leading Lawyer in Employee Benefits & Executive Compensation (2009-2012)
Professional & Civic Activities
- American and Boston Bar Associations
- National Association of Stock Plan Professionals
- New England Employee Benefits Council
- National Center for Employee Ownership
- The ESOP Association (New England Chapter Executive Committee)
- International Association of Privacy Professionals (IAPP)
- Served on the Board of a mid-sized ESOP company prior to sale to a strategic buyer
- Former Board Member, Citizens' Scholarship Foundation of Mansfield, Inc.
- Director, College Bound Dorchester, Inc. (formerly known as Federated Dorchester Neighborhood Houses, Inc.)
- Trustee, Neighborhood House Charter School
- Finance Committee, St. Mary's Catholic School, Mansfield, MA
Education
- LL.M., Taxation, Boston University School of Law, 1992
- J.D., cum laude, Boston University School of Law, 1988
- M.B.A, cum laude, Boston University, 1989
- B.A., George Washington University, 1985
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