Scott regularly counsels clients on benefit matters in mergers and acquisitions and other corporate transactions, and inbound and outbound international assignments and cross-border compensation issues.
Scott also has extensive experience with the Patient Protection and Affordable Care Act, and has advised clients on compliance with that Act, with HIPAA, and various other federal and state laws relevant to health and welfare plans.
Scott represents clients in federal and state courts in employee benefits litigation and before regulatory agencies including the IRS Employee Plans Compliance Resolution System (EPCRS) and the DOL Voluntary Fiduciary Correction Program (VFCP).
Before joining FordHarrison, Scott was an attorney at the Pension Benefit Guaranty Corporation (PBGC) in Washington, D.C. His role at the PBGC included working to protect defined benefit pension plans in corporate transactions, managing ERISA litigation for termination liability and fiduciary breach claims against plan sponsors, and counseling the agency on plan qualification matters such as church and governmental plans.
Scott received his J.D. from George Mason University School of Law, where he was editor in chief of the Journal of Law, Economics & Policy, and his LL.M. in taxation from Georgetown University School of Law.
- Advised two publicly traded companies with employee benefits pre-merger planning and post-transaction integration
- Structured cross-border executive secondment agreement publicly traded multinational company
- Advised on U.S. employee benefits planning considerations of cross-border international acquisition of publicly traded company
- Assisted with administrative issues, committee advice, determination letters, and plan amendments to defined benefit pension plans
- Assisted employers with analysis and impact under Affordable Care Act and shared responsibility provisions, and structuring and planning considerations
- Assisted tax-exempt and religious-based entities with ERISA coverage determinations, and the administration and creation of 403(b), 457(b), and 457(f) plans
- Represented employers through IRS and DOL retirement and welfare plan audits
- Assisted plan fiduciaries with review of service provider contracts and fee agreements
- Prepared numerous DOL and IRS plan correction program submissions
- Successful in obtaining dismissal of ERISA claim for benefits, claim for breach of fiduciary duty, and claim for equitable relief on a Motion to Dismiss for a large restaurant franchisor and operator
- "Deferred Compensation: Rabbi and Secular Trusts," Lexis Practice Advisor.
- "U.S. Pensions Guide," Ius Laboris Global Knowledge Database.
- Regulation of Qualified Retirement Income Plans Generally: Life Insurance in Qualified Plans," Employee Benefits Law, 2013 Cumulative Supplement, BNA/Bloomberg (Dana M. Muir, et al. eds. 2013).
- FordHarrison Legal Alert: "Affordable Care Act Transitional Policy for Individual and Small Group Plans," November 18, 2013
- FordHarrison Legal Alert: "Health Care Reform Provisions for 2014 and Beyond," November 7, 2013.
- "ERISA Preemption and Removal," ERISA Litigation 2011 Cumulative Supplement, BNA/Bloomberg (Jayne E. Zanglein, et al. eds. 2012).
- "Hedge Funds: The Final Frontier of Securities Regulation and the Last Hope for Economic Revival," Journal of Law, Economics & Policy, 2009.
- "Affordable Care Act Compliance and Planning for the Restaurant Industry" FordHarrison Webinar, August 2014
- "ERISA Disclosures and Compliance," AllTrust Insurance Webinar, July 2014
- "Navigating a DOL Compliance Audit," FordHarrison Webinar, July 2014
- "ACA Rain Delay: Strategic Planning," Fountain Inn Chamber of Commerce, January 2014
- "ACA Rain Delay: Planning through 2014," FordHarrison Annual Labor & Employment Luncheon and Conference, December 2013
- "ACA Planning Considerations for Long-term Care Employers," South Carolina Association of Residential Care Homes Annual Conference, September 2013
- "The Health Care Reform Delay – Why PEOs Cannot Afford to Wait Until 2015," FordHarrison Webinar, September 2013
- "Healthcare Reform: Are you Ready?," FordHarrison Webinar, May 2013
- "Healthcare Reform is Here to Stay," FordHarrison Webinar, December 2012