John is a principal at Gray Plant Mooty where he practices employee benefits. With over 30 years of experience in employee benefits, John has been involved in virtually every phase of this area of practice, ranging from plan design to employee benefits litigation. He has counseled publicly- and privately-held corporations, as well as tax-exempt organizations and public agencies with respect to their benefit programs, and has represented corporations, trustees, and others in employee benefits litigation.
John is a frequent lecturer and speaker on a variety of employee benefits topics for Minnesota Continuing Legal Education, Hamline Law School Advanced Legal Education, Minnesota Institute of Legal Education, and the ABA Division for Professional Education.
Experience
- Represented clients in arbitration and before the federal courts in connection with multiemployer withdrawal liability disputes
- Serve as trustee on a multiemployer collectively-bargained health and welfare fund
- Represented clients before the IRS, Department of Labor, and Pension Benefit Guaranty Corporation (PBGC)
- Represented clients in connection with conversion of defined benefit plans to cash balance plans and with ongoing qualification of cash balance plans
- Represented clients in connection with termination of defined benefit plans
- Served as a mediator in employee benefit disputes
- Represented clients in connection with negotiation of third-party administration contracts
- Served as expert witness in a variety of benefits-related litigation
- Represented institutional trustees in connection with fiduciary breach claims and in connection with pursuing claims against other plan fiduciaries on behalf of plan participants
- Represented claimants in class actions for recovery of pension and other benefits and breach of fiduciary duty claims
Representative Cases
- Craig v. The Pillsbury Non-Qualified Pension Plan, et al., 458 F. 3d 748 (8th Cir. 2006)
- Bloemer. et al. v. Northwest Airlines, Inc., 401 F. 3d 935 (8th Cir. 2005)
- Seman v. FMC Corporation Retirement Plan for Hourly Employees, et al., 334 F.3d 728 (8th Cir. 2003)
Publications
- “Employee Benefits Law,” Bureau of National Affairs, Inc., contributing author, 2000
- “Trustee vs. Administrator,” Minnesota Law Journal, May 1988
Presentations
- “Retirement Plan Governance,” GPM Employment Law Seminar, April 21, 2010
- "Discrimination and Bias in Employee Benefits," Minnesota State Bar Association Employee Benefits Section Annual Meeting, May 18, 2010
- "Employee Benefit Plan Governance," Minnesota State Bar Association Continuing Legal Education, 30th Annual Advanced Employee Benefits Workshop, January 28, 2010
- "Dusting Off Those Golden Oldies: Longstanding Regulations Worth a Second Listen," Pension Rights Center Pension Training, May 19, 2009
- "Point Counterpoint: Developments in ERISA Preemption," Minnesota State Bar Association Employee Benefits Section Annual Meeting, May 18, 2009
- “Retirement Plan Governance,” GPM Employment Law Seminar, April 21, 2010
- "Spotlight on Retirement Plan Disclosures for Employees," Gray Plant Mooty Employment Law Conference, October 23, 2008
- “Attorney Audit Letters for Qualified Plans: The Substance Behind the Forms,” Minnesota State Bar Association Employee Benefits Section Annual Meeting, May 20, 2008
- “Benefits Changes: Practical Details You Need to Know,” Gray Plant Mooty Employment Law 2007 Conference, March 8, 2007
- “Anatomy of an ERISA Case,” Minnesota State Bar Association Continuing Legal Education, 25th Annual Advanced Employee Benefits Workshop, Jan. 19, 2006
- “The Fiduciary Rules—Not Just for Plan Investments Any More,” American Express Client Forum, April 15-16, 2002
- “Educating the 404© Participant—A Legal Perspective,” Minnesota State Bar Association Continuing Legal Education, 20th Annual Advanced Employee Benefits Workshop Investment Education/Advice, Jan. 20, 2000
- “Recent Changes Affecting Qualified Plans,” Minnesota Institute of Legal Education, Recent Developments in Qualified and Non-Qualified Deferred Compensation, April 22, 1999
- “ESOPS and 1042 Transactions,” Neuberger & Berman 1998 Investment Advisor Seminar, Feb. 18, 1998
- “Payment of Plan Expenses from Plan Assets,” Midwest Pension Conference, Aug. 3, 1998
- “Pension Simplification,” Minnesota State Bar Association Continuing Legal Education, 17th Annual Advanced Employee Benefits Workshop, copresenter with Marjorie Hoffman, Senior Attorney, Office of Chief Counsel, Internal Revenue Service, Jan. 24, 1997
- “The Fiduciary Standards of ERISA: The Evolution Continues,” Minnesota State Bar Association Continuing Legal Education, 19th Annual Employee Benefits Institute, April 19, 1996
- “What the Courts are Saying—A Review of Cases from the Last Year,” Minnesota State Bar Association Continuing Legal Education, 18th Annual Employee Benefits and Executive Compensation Institute, May 11, 1995
- “What's Hot and What's Not—A Review of Cases from the Last Year,” Minnesota State Bar Association Continuing Legal Education, 17th Annual Employee Benefits and Executive Compensation Institute, May 6, 1994
- “Reporting and Disclosure,” American Bar Association National Institute ERISA Basics Seminar, April 22, 1993
- “ERISA Litigation and Enforcement,” Minnesota State Bar Association Continuing Legal Education, 13th Annual Advanced Employee Benefits Workshop, Jan. 21, 1993
- “Health and Welfare Plan Litigation Update,” Minnesota State Bar Association Continuing Legal Education, ERISA Claims and Litigation Program, Oct. 23, 1992
- “Executive Compensation in Closely Held Companies,” Minnesota State Bar Association Continuing Legal Education, 52nd Annual Tax Institute, Oct. 6, 1992
- “Deferred Compensation Arrangements in Closely Held Businesses,” 1992 Tax Institute for Public Accountants, Sept. 23, 1992
- “Trends and New Ground in ERISA Litigation,” Minnesota State Bar Association Continuing Legal Education, 15th Annual Employee Benefits and Executive Compensation Institute, May 8, 1992
- “The Effect of Participant Bankruptcy on Tax Qualified and ERISA Plans,” Minnesota Institute of Legal Education, Pension and Welfare Benefits Program, Oct. 30, 1991
- “Employer Provided Benefits Other Than Pension and Retirement Benefits,” 1991 North Dakota Society of CPAs Continuing Professional Education Program, Sept. 24-25, 1991
- “ERISA Private Sector Litigation Practice and Procedure,” Minnesota State Bar Association Continuing Legal Education, 14th Annual Employee Benefits Institute, May 10, 1991
- “Older Workers Benefit Protection Act,” Midwest Pension Conference Seventh Annual Summer Retreat, July 29, 1991
Education
- William Mitchell College of Law, J.D., with honors, 1976
- Notre Dame University, undergraduate degree, cum laude
Bar Admissions
- U.S. District Court, District of Minnesota, 1977
- Minnesota, 1976
Professional Activities
- American Bar Association, Labor section, Employee Benefits Committee, member
- Minnesota State Bar Association, Employee Benefits section, treasurer & board member; Advisory Council, member, 2004-present; treasurer, 2007-08; secretary, 2008-2009
- Hennepin County Bar Association
- Advisory Board of the Upper Midwest Pension Rights Project, member, 1996-present
Honors and Distinctions
- “Super Lawyer,” Minnesota Super Lawyers, 2010
- “The Best Lawyers in America,” Woodward/White, multiple years
- "Minnesota's Best Lawyers," Minnesota Monthly, 2009
Community Involvement
- Administration on Aging, Pension Rights Projects Grant Applications, convener and facilitator, 2010-2013