Photo of Daniel J. Schwartz

Daniel J. Schwartz

Officer

Dan Schwartz's deep experience in counseling and litigation related to employee benefits allows him to assist employers in implementing a variety of plans.

Admissions

  • Missouri

Education

J.D., University of Missouri–Kansas City School of Law, 1977, Missouri Law Review

A.B., University of Missouri - Columbia, 1974, Phi Beta Kappa

Profile

Dan Schwartz advises clients on all facets of employee benefits. He has significant experience drafting and implementing defined benefit plans, defined contribution plans, deferred compensation plans, ESOPs, health and welfare programs and executive compensation programs. He has also served as primary counsel in a number of ERISA lawsuits.  In 2017, Mr. Schwartz represented Advocate Health Care Network in a landmark ERISA case before the U.S. Supreme Court.

He has written and lectured on topics in the benefits field including ESOPs, the exclusive benefit rule and employee welfare benefit plans and church plans. He is the author of the BNA Tax Management Portfolio Employee Benefits for Tax-Exempt Organizations which has been in continuous print for over 20 years. Dan also authored a chapter in Fundamentals of Health Law, Fourth Edition, published by the American Health Lawyers Association.

Dan is a former member of the U.S. Department of Treasury’s IRS Advisory Committee on Tax Exempt and Government Entities. The committee includes stakeholders in the areas of tax-exempt organizations, employee retirement plans, tax-exempt bonds and federal, state, local and Indian tribal governments.

A former member of the firm’s Board of Directors and Executive Committee, Dan has practiced primarily in the employee benefits area since 1977.

Professional Affiliations

  • American Bar Association, Section of Labor & Employment Law, Employee Benefits; Section of Taxation, Employee Benefits Committee
  • Bar Association of Metropolitan St. Louis, Employee Benefits Section
  • The Missouri Bar, Tax Law Committee

Community/Civic Activities

  • Congregation Temple Israel

Honors & Awards

Honors & Awards

  • American College of Employee Benefits Counsel, charter fellow
  • The Best Lawyers in America, Employee Benefits (ERISA) Law, 2007-2018; Litigation - ERISA, 2011-2018; St. Louis area Litigation - ERISA Lawyer of the Year, 2016; St. Louis area Employee Benefits (ERISA) Law Lawyer of the Year, 2013
  • Missouri & Kansas Super Lawyer, Employee Benefits/ERISA, 2008-2017

Experience

Representative Matters

  • Represented Advocate Health Care Network before the U.S. Supreme Court in Advocate Health Care Network et al. v. Stapleton et al., a high-profile case involving the interpretation of ERISA’s “church plan” definition. The case resulted in a unanimous June 5, 2017, decision in favor of Advocate and two other religiously affiliated hospitals.
  • Designed and implemented ESOP transactions for major national construction companies.
  • Designed and implemented deferred compensation for a large health care entity.
  • Designed and implemented defined benefit plan for major publicly traded company.
  • Geissal v. Moore Medical, et al. 158 F.Supp.2d 976, 2001 WL 930017, 25 EBC 2584 (E.D. Mo. 2001) Case claiming relief under COBRA
  • Geissal v. Moore Medical, et al. 192 FRD 620, 2000 WL 430172 (E.D. Mo. 2000) Case claiming attorney/client privilege
  • Geissal v. Moore Medical, et al. 2000 WL 374604 (E.D. Mo. 2000) Disqualification claim
  • Maniace v. Juvenile Shoe 40 F.3d 264, 1994 WL 613151, 18 EBC 2585 (8th Cir. 1994) Breach of fiduciary duty under ERISA
  • Alberici v. Davis, 2005 U.S. District Lexis 31275, 2005 WL 3307299,(E.D. Mo. 2005). Case disqualifying QDRO.
  • Geissal v. Moore Medical, et al. 338 F.3rd 926, 30 EBC 2692 (8th Cir. 2003). Case claiming relief under COBRA.
  • Alberici vs. Davis, 2006 U.S. App. Lexis 17082, 2006 WL 1841210 (8th Cir. 2006). Eighth Circuit affirms district court order disqualifying QDRO.

News & Insights

News

Publications

Articles & Books

  • Taxation of Exempts, March/April 2018
  • "The Source of Payment: The State and Federal Regulation of Private Health Plans"
    Fundamentals of Health Law, Sixth Edition, American Health Lawyers Association
  • "The Source of Payment: The State and Federal Regulation of Private Healthcare Plans" 
    Fundamentals of Health Law, Fifth Edition, American Health Lawyers Association
  • "Church Welfare Plans and IRC Section 410(d)"
    Benefits Law Journal, Spring 2008
  • "May Non-Competes Still be Used in §457(f) Plans After §409A?"
    BNA Tax Management
  • Tax Management Portfolio, No. 373-4th, 2014 (First through Fourth Editions), 2006
  • "State and Federal Regulation of Health Insurance"
    Fundamentals of Health Law, Third and Fourth Edition, American Health Lawyers Association
  • Contributing author and chapter editor, "Employee Benefits Law"
    Bureau of National Affairs, 2nd Edition, 2000
  • Contributing author, "Employee Benefits Law"
    American Bar Association Treatise, January 1, 1991

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