Tiffany D. Downs

She advises and assists plan administrators and fiduciaries with the design, drafting and administration of welfare and pension plans, including qualified and non-qualified plans, as well as ERISA, Health Care Reform, HIPAA, and COBRA compliance issues.  She assists plan administrators with audits by and corrections programs of the Internal Revenue Service and the Department of Labor.  She also defends ERISA plan sponsors, plan administrators, fiduciaries, and third party administrators in federal and state courts, arbitrations, and before administrative agencies.  Tiffany has defended claims under ERISA, including welfare and pension benefits claims for benefits, breach of fiduciary duty claims, and claims for equitable relief and discrimination.

Tiffany has published articles on employee benefits compliance and litigation topics.  She is a frequent speaker on employee benefits compliance issues under Health Care Reform, COBRA, HIPAA and ERISA, including fiduciary obligations and fee disclosure requirements.  Tiffany has given over 50 presentations on the Affordable Care Act requirements, and has assisted numerous employers with the play or pay analysis and the Act's impact on structure of the workforce. Tiffany is a member of the Employee Benefits Committee of the United States Chamber of Commerce and is an adjunct professor at Atlanta's John Marshall School of Law where she teaches an employee benefits class in the LLM program.

Tiffany previously worked for the United States Department of Labor (DOL).  In law school, Tiffany served as Articles Editor for the Loyola Law Review and as a teaching assistant.

Recent Experience

• Assisted employers with analysis and impact under Affordable Care Act and shared responsibility provisions
• Assisted plan administrators with DOL retirement plan audits
• Assisted plan fiduciaries with review of service provider contracts and fees
• Assisted plan sponsor with HIPAA compliance and training
• Advise plan administrators, fiduciaries, and trustees on Health Care Reform and ERISA compliance and administration of plans
• Assist plan fiduciaries with correction programs of DOL and IRS
• Assist plan administrator with settlement of penalty assessments by the DOL
• Advise plan administrators on liabilities under employee benefit plans in mergers and acquisitions
• Obtained dismissal of Supreme Court writ of certiorari petition in a ERISA breach of fiduciary duty claim for one million dollars
• Obtained summary judgment in favor of claims administrator on a ERISA penalty claim
• Obtained numerous summary judgments in favor of plan fiduciaries on  claims for breach of fiduciary duty and benefits under ERISA
• Draft and/or amend welfare and retirement plan documents and cafeteria plans

Recent Publications

• "Not all Plans are Created Equal: Common Mistakes in Health and Welfare Plan Disclosures," Bloomberg Law Reports, March 12, 2012
• Contributing Author, ERISA Survey of Federal Courts, American Bar Association, 2010
• "Managing Employee Health Insurance Premiums Under Revised FMLA Regulations," HRHero.com, October 30, 2009 and Georgia Employment Law Letter, September 2009
• "Plan Administrator's  Liability for Termination of Group Life Insurance Coverage," BenefitsLink.com, October 13, 2009, and FordHarrison's Practical Insights newsletter, October 2009

Recent Speaking Engagements

• Tampa association of health underwriters , continuing education class for Florida department of insurance, welfare plan compliance, November 8, 2012, Tampa Florida
• BLR and HRHERO Webinar, "New 401(k) Disclosure Deadline: What You Must Know to Comply," April 27, 2012
• National Electrical Contractors Association , Labor Relations Conference, "Health Care Reform," New Orleans, Louisiana, March 8, 2012
• Clark Capital 401(k) Seminar, "Are You Ready for 408(b)(2) Disclosure Requirements," Orlando, Florida, March 1, 2012
• Atlanta Association of Health Underwriters, "Welfare Plan Compliance," Atlanta, Georgia, October 21, 2011
• Spartanburg Chamber of Commerce, "Employee Benefits Law Update", Spartanburg, South Carolina, October 13, 2011
• BB&T JRD University, "Welfare Plan Compliance and GINA," Orlando, Florida, September 13, 2011
• "Complying With Healthcare Reform: What Every Employer Must Know," National Association of Elevator Contractors 2011 Spring Educational Conference, March 28, 2011
• "Healthcare Reform: What Employers Need to Know," National Association of Trailer Manufacturers 22nd Annual Convention, February 23, 2011