D. Brennan Reilly
3731 Rice Boulevard
Houston, Texas 77005
713-839 0855 (voice)
March 2000 to D. Brennan Reilly, P.C.
June 1996 to Winstead Sechrest & Minick, P.C., Dallas and Houston, Texas
February 2000 Associate
February 1995 to Strasburger & Price, LLP, Dallas, Texas
June 1996 Associate
August 1994 to Johnson & Wortley, P.C., Dallas, Texas
February 1995 Associate
Practice Area Employee Benefits and Executive Compensation
Practice consists of counseling clients with respect to tax, ERISA, securities, and other issues relating to employee benefit plans; representing clients before the IRS, DOL, and PBGC; and drafting pension, welfare, and incentive/executive compensation plans and related documents. Areas of recent concentration include
- negotiating and drafting employee benefits provisions of purchase, divestiture, and outsourcing agreements, including due diligence review of employee benefit plans and related agreements and drafting employee communications regarding transactions;
- advising clients regarding the design, administration, and taxation of executive compensation plans and employment agreements, including drafting long term incentive plans and related option and other award agreements;
- completing standard and distress terminations of defined contribution and defined benefit plans and mergers of qualified retirement plans;
- reviewing and revising medical plans, administrative service agreements, employee communications, and related documents to comply with HIPAA and other legislation;
- counseling clients with respect to securities issues and prohibited transaction and fiduciary issues relating to employee benefit plans;
- preparing nonqualified deferred compensation arrangements and related documents, including Private Letter Ruling requests;
- advising and representing clients with respect to IRS and DOL audits and voluntary compliance programs (including VCP submissions);
- drafting RFPs for turnkey administration of qualified retirement and welfare plans;
- assisting clients with self compliance audits of qualified retirement, welfare, and incentive stock option plans (including interviewing and engaging outside auditors);
- drafting claim determinations and negotiating claim settlements; and
- establishing procedures and documentation for outsourced review of QDROs and QMCSOs.
University of Texas School of Law, Austin, Texas
J.D. with Honors, 1994; Rice Scholar; Associate Editor, Texas Law Review
Texas A&M University, College Station, Texas
B.S. Economics, magna cum laude, 1991; Presidents Endowed Scholarship; Buck Weirus Award
Professional Licenses & Associations
State Bar of Texas (licensed 1994)
Houston Bar Association
Houston ERISA Industry Group
SouthWest Benefits Association
ASPA Benefits Council of the Texas Gulf Coast
Employee Benefits Section of the State Bar of Texas
Speeches, Publications & Awards
Speaker and author “Plan Expense Litigation, Some Surprising Developments,” June 8, 2010, Houston ERISA Industry Group.
Speaker and author “ERISA Fiduciary Breach Litigation after LaRue,” May 13, 2008, Houston ERISA Industry Group.
Speaker and author “Pension Overpayments – Tax and ERISA Issues,” September 13, 2005, Houston ERISA Industry Group.
Texas Monthly Magazine “Texas Super Lawyer – Employee Benefits/ERISA”
Speaker and author “Employee Benefits – Recent Developments,” March 9, 2004, Houston ERISA Industry Group.
Speaker and author “HIPAA Privacy Rules – Compliance for Health Plans and Related Documents,” April 9, 2002, Houston ERISA Industry Group.
Speaker “Vendor Contracting: Cost-Effective Negotiations / Key Issues in the Service Contract,” May 22, 2000, 25th Annual Conference of the SouthWest Benefits Association.
Author “Employee Benefits and the Contingent Workforce,” published in the June 18, 1999 Houston Business Journal.
Author “An Overview of Executive Compensation Arrangements,” presented by John Bergner at the 1999 State Bar of Texas Advanced Estate Planning Course.
Speaker and author “Introduction to Retirement Plans,” presented at the 1999 Fundamentals of Employee Benefits Seminar of the DFW Chapter ISCEBS.
Speaker and author “Overview of Employee Benefit Statutes, Plans, and Terms,” presented at the 1998 State Bar of Texas Professional Development Program (Houston and Dallas).
Speaker and author “Department of Labor Delinquent Filer Voluntary Compliance Program,” presented at Strasburger & Price Annual Seminar for CPAs and Accountants.
Civic & Charitable
West University Rotary Club – November 2009 to present
AARP Tax Aide ERO and Site Captain – December 2005 to present
West University Place Rice Pocket Park Task Force – September, 2004 to December, 2007
West University Place Parks Board – August, 2003 to September, 2005