Tiffany advises and assists employers with all aspects of health and welfare plans, qualified and non-qualified retirement plans and executive compensation. She assists with due diligence in mergers and acquisitions and post transaction transition and integration. She advises on compliance with ERISA, Affordable Care Act, HIPAA, privacy, COBRA, and Internal Revenue Code on all types of employee benefit plans and incentive compensation. She assists employers with audits by and corrections programs of the Internal Revenue Service and the Department of Labor. She also defends claims under ERISA, including welfare and pension benefits claims for benefits, breach of fiduciary duty claims, and claims for equitable relief and discrimination for ERISA plan sponsors, plan administrators, fiduciaries, and third party administrators.
Tiffany has published articles on employee benefits compliance and litigation topics. She is a frequent speaker on employee benefits compliance issues under ACA, COBRA, HIPAA and ERISA, including fiduciary obligations and fee disclosure requirements, and privacy obligations. Tiffany has given over 100 presentations on the Affordable Care Act requirements, and has assisted numerous employers with navigating the requirements of the ACA and determining strategy for compliance with employer shared responsibility provision and impact on structure of the workforce.
Tiffany is the co-chair of the Compensation and Benefits International Practice Group of Ius Laboris. She 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. She previously worked for the United States Department of Labor (DOL).
- Assisted publicly traded company with due diligence and post transaction integration for large acquisition.
- Assisted new publicly traded company with stock option plans.
- Assisted publicly traded spinoff company with design and implementation of all employee benefit plans.
- Assisted numerous multinational companies with compensation, equity compensation and incentive plans.
- Assisted company with HIPAA and data privacy obligations in connection with data breach.
- Assisted two publicly traded companies with benefits due diligence and post-transaction integration in connection with a merger.
- Assisted employers in all industries with analysis and impact under Affordable Care Act and shared responsibility provisions, including classification of employees, racking of hours and employer reporting.
- Assisted employers in union negotiations with ACA compliance and excise and tax considerations.
- Assisted plan administrators and service providers with DOL and IRS examinations.
- Assisted plan fiduciaries with ERISA fiduciary training and review of service provider contracts and fees.
- Assisted plan sponsors with HIPAA training and compliance.
- Assisted plan fiduciaries with determination program of the IRS and correction programs of DOL and IRS.
- Assisted plan administrator with settlement of penalty assessments by the DOL.
- Obtained dismissal of Supreme Court writ of certiorari petition in an ERISA breach of fiduciary duty claim for one million dollars.
- Obtained numerous summary judgments in favor of plan fiduciaries on claims for breach of fiduciary duty, benefits and penalties under ERISA.
- Drafted and amended welfare and retirement plan documents and cafeteria plan documents, incentive plans and equity compensation plans.
- "Parental leave laws in the U.S. and abroad: Evolving international standards," Parts 1 and 2, InsideCounsel magazine, December 15, 2014 and January 12, 2015.
- "Parental Leave Laws in Brazil, Italy, UK, and USA," Benefits and Compensation International magazine, January/February 2015.
- "HR strategies for same-sex secondments internationally," Parts 1 and 2, InsideCounsel magazine, October 17, 2014 and November 17, 2014.
- "Female Powerbrokers Q&A: FordHarrison's Tiffany Downs," Law 360, March 27, 2014.
- "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
- Association of Corporate Counsel Annual Meeting, "What keeps you up at night with regard to your benefit plans," October 2015.
- National Association of Electrical Contractors Labor Conference, "Top Ten ACA issues," March 2015.
- Georgia Association of Corporate Counsel meeting, "Data Privacy Obligations," December 2014.
- Atlanta SHRM Annual Conference, "Wellness Plan Compliance," May 2014.
- Strafford Webinar, "ERISA Group Health Plans: Complying With Complex HHS Regulations and Leveraging New Guidance," May 6, 2014.
- WEB Atlanta, "ACA Compliance," January 2015.
- World Pension Summit, Amsterdam, The Netherlands, November 2013.
- National Electrical Contractors Association National Convention, "ACA Compliance," Washington, DC, October 2013.
- Provider Magazine Interview, "Climbing the Mountain of Healthcare Reform," October 2013.
- Tennessee Grocer's Association, "ACA: What to Do," Nashville, TN, June 2013.
- Tampa Association of Health Underwriters, continuing education class for Florida Department of Insurance, "Welfare Plan Compliance," November 8, 2012.
- 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.