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J. David Putnal
Partner / AtlantaJ. David Putnal is a Partner in the Executive Compensation and Employee Benefits Practice of Smith, Gambrell & Russell, LLP.
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Full Bio
Mr. Putnal has significant experience in the areas of qualified and nonqualified retirement plans and executive compensation. He regularly advises clients on all aspects of employee benefits and human resources matters arising in corporate mergers, acquisitions and dispositions.
Mr. Putnal’s practice includes:
- Designing and drafting qualified defined contribution and defined benefit plans.
- Addressing benefits issues in the context of mergers and acquisitions, including assessing risks such as potential multiemployer plan withdrawal liability and pension underfunding, and integrating benefit plans post-acquisition.
- Counseling clients on day-to-day plan operations, including interpreting plan language and responding to benefit claims.
- Implementing mergers and spinoffs of qualified retirement plans.
- Terminating qualified retirement plans, including filings with the IRS and PBGC and the selection of annuity providers for terminating of defined benefit plans.
- Implementing de-risking transactions, lump-sum windows and other strategies to address defined benefit plan funding.
- Coordinating audits by the Internal Revenue Service, Department of Labor and Pension Benefit Guarantee Corporation.
- Designing and implementing deferred compensation arrangements in accordance with the requirements of Internal Revenue Code Section 409A.
- Analyzing the impact of Internal Revenue Code Sections 280G and 162(m) on executive compensation arrangements and assisting clients in mitigation strategies.
- Drafting and analyzing employment agreements, change-in-control agreements and other executive compensation agreements.
- Drafting equity compensation arrangements and phantom equity arrangements.
- Analyzing SEC disclosure requirements, shareholder approval requirements and institutional shareholder policies in connection with benefit plans and compensation arrangements.
- Advising clients with respect to securities laws affecting benefit plans, including registration requirements and the availability of exemptions from registration.
Mr. Putnal’s received his A.B.J at University of Georgia with honors followed by his J.D. at Mercer University, magna cum laude, where he was Managing Editor of the Mercer Law Review. He is a member of the State Bar of Georgia.
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Representative Experience
- Advising a foreign public company in all employee benefits and compensation matters in connection with its acquisition of a large U.S. public company.
- Advising a publicly traded company in connection with its acquisition of two other public companies.
- Assisting several clients in implementing strategies to maximize compensation deductions in connection with changes to corporate tax rates and Internal Revenue Code Section 162(m) under the Tax Cut and Jobs Act.
- Assisting a client in implementing the merger of multiple “legacy” defined benefit plans resulting from prior corporate transactions into a single plan with over $6 billion in assets.
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Bar Admissions
Georgia -
Education
Undergraduate- University of Georgia
Law School- Mercer University
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Memberships
State Bar of Georgia
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SGR Publications
- DOL Finalizes Investment Fiduciary Rule
- New Group Health Plan Annual Attestation Requirement
- COVID-19 Deadline Extensions and Coverage Mandates for Benefit Plans Scheduled to End
- SECURE 2.0 – What Retirement Plan Sponsors Need to Know Now
- IRS Cost-of-Living Adjustments Employee Benefit Plan Limitations for 2023
- IRS Cost-of-Living Adjustments Employee Benefit Plan Limitations for 2022
- EBSA Tolls Deadlines For Certain Benefit Plans and Participants
- IRS Cost-of-Living Adjustments Employee Benefit Plan Limitations for 2021
- IRS Issues Limited 401(k) Safe Harbor Plan Relief for COVID-19
- Investments in Environmental, Social and Governance (ESG) Funds – The DOL Tightens the Fiduciary Standards
- IRS Issues Guidance on CARES Act Retirement Plan Relief
- Department of Labor Provides Guidance on Offering Private Equity Investments in Defined Contribution Plans
- IRS Temporarily Authorizes Spousal Consents for Retirement Plan Elections to be Notarized or Witnessed Electronically
- The Supreme Court Rules that Participants Cannot Sue Over Mismanagement of Defined Benefit Plan Asset Investments
- Department of Labor Finalizes New Rules for Electronic Retirement Plan Disclosures
- Welfare Plan Sponsors May Allow Certain Cafeteria Plan Election Changes Due to COVID-19 Pandemic
- Agencies Extend Benefit Plan Deadlines for Plan Sponsors and Participants Due to COVID-19 Pandemic
- Reductions in Force? Beware of Partial Termination
- How the CARES Act Impacts Employer-Sponsored Group Health Plans
- Retirement Plan Relief in the CARES Act
- IRS Clarifies Impact of Postponed Tax Deadline on Retirement Plans, IRAs and HSAs
- Employer Protection of Personal Health Information Related to COVID-19 Pandemic
- COVID-19 Testing Mandate Passed by the House, Now Moves to the Senate with Trump’s Support
- High Deductible Health Plans May Waive Cost-Sharing for Coronavirus Testing and Treatment
- Congress Permanently Repeals ACA Taxes and Passes SECURE Act
- Fifth Circuit Rules the ACA’s Individual Mandate Unconstitutional, Asks Lower Court to Decide on the Rest
- IRS Extends Form 1095-C Distribution Deadline Once Again
- Federal Privacy Rules Require Amendment to Benefit Plan Service Agreements
- IRS Cost-of-Living Adjustments Employee Benefit Plan Limitations for 2020
- Department of Labor Proposes New Rules for Electronic Retirement Plan Disclosures
- Final Regulations Update 401(k) Hardship Withdrawal Rules
- Getting Straight A’s in Retirement Plan Audits
- New Access to Multiple Employer Retirement Plans and Potential New Protections for Participating Employers
- IRS Allows High Deductible Health Plans to Provide Pre-Deductible Benefits for Chronic Care Management
- Executive Order on Health Care Transparency May Impact Employer Sponsored Group Health Plans
- Final Regulations Allow Employers to Reimburse Premiums for Individual Medical Insurance
- SECURE Act – House Overwhelmingly Passes Retirement Reform Bill
- HHS Proposes to Revise ACA Section 1557 Rule: Impacts Transgender Benefits and Group Health Plan Notices
- IRS Expands Determination Letter Opportunities for Retirement Plans
- New Self-Correction Opportunities for Retirement Plan Loans and Other Errors
- Association Health Plan Rules Struck Down
- IRS Lifts Moratorium on Lump-Sum Windows for Participants in Pay Status
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Press
- Smith Gambrell Russell Represents Zwiesel Glas in Merger with Fortessa Tableware Solutions
- Smith, Gambrell & Russell Represents Account Control Technology Holdings, Inc. in Sale to Transworld Systems Inc., Forming Largest Accounts Receivable Management Company in U.S.
- Smith, Gambrell & Russell Represents Latitude 27 Capital in Acquisition of JK Jewelry
- SGR Merges with Mazursky Constantine; Expands Employee Benefits and Executive Compensation Practice and Establishes the SGR Fiduciary Institute