Don A. Mazursky

Don A. Mazursky is Senior Counsel in the Employee Benefits and Executive Compensation Practice of Smith, Gambrell & Russell, LLP. With over 45 years of experience, Don represents companies – from Fortune 500 companies to privately-held companies to tax-exempt entities – in all aspects of employee benefits and executive compensation. with an emphasis on executive agreements and award plans, Code Section 409A compliance, 401(k) plans and ERISA fiduciary advice and guidance.  

Don’s practice encompasses most areas of employee benefits and executive compensation with a particular focus on:

• Executive equity and other incentive award plans;
• Executive employment and severance agreements and plans, including restrictive covenants;
• Code Section 409A;
• The benefits and compensation aspects of mergers and acquisitions;
• 401(k) plan design and compliance;
• ERISA fiduciary advice and guidance;
• Serving as the legal advisor to numerous administrative, investment and compensation committees;
• Performing searches for retirement plan recordkeepers, actuaries, third-party administrators and auditors through request for proposal processes; and
• Negotiating vendor agreements for retirement and welfare plans.

Don assists his clients by working closely with in-house counsel and compensation and benefits teams and by contributing leadership in the areas of executive compensation and employee benefits.

Before joining Smith Gambrell Russell, Don was the head of the employee benefits and executive compensation practice at another Atlanta law firm and then was the founder and managing member of the largest law firm in the Southeast that specialized in employee benefits and executive compensation. That firm is now part of Smith Gambrell Russell’s employee benefits and executive compensation group.

Don has been ranked by Chambers USA as a Band 1 practitioner in Employee Benefits & Executive Compensation from 2020 – 2025. He has also been named to the Georgia Super Lawyer list by his peers in the Employee Benefits/ERISA practice areas.

Don's Practice

Representative Matters

• Assisted a Fortune 500 company in avoiding a $6 million penalty proposed by the IRS during a 401(k) plan audit.
• Performed recordkeeper search for the 401(k) plan of a Fortune 500 company that resulted in enhanced services and a 35% fee reduction.
• Assisted a multinational public company in terminating its pension plan and resolving with the PGBC significant problems arising from non-US taxpayers participating in the plan.
• Assisted a public company in designing and drafting a new nonqualified deferred compensation plan that complies with all laws and satisfies the client’s business goals.
• Advised a large health system on all employee benefits and compensation matters related to the acquisition of a physicians group.
• Advised a client on establishing a new fiduciary committee and drafting by-laws and policies.