Representative ERISA Consulting Experience Rich focuses his practice on legal representation and consulting in the areas of design and administration of employee benefit plans, nonqualified deferred compensation and Section 409A, cafeteria plans, plan terminations, health and welfare plans, and executive compensation agreements. He also handles employee stock ownership plans, individual retirement accounts, tax and fiduciary consequences of ERISA investments, contributions and distributions, IRS and DOL voluntary correction procedures, as well as general tax principles of corporate, partnership, and individual taxation. Rich has extensive experience negotiating employee benefit matters in mergers and acquisitions.

Representative ERISA Litigation Experience Rich has served as both defense and plaintiff’s counsel in ERISA litigation matters. His command of both the substantive and litigation areas of ERISA often enables him to obtain dismissal or settlement prior to trial.

Governmental Plan Litigation

Strunk v. Public Employees Retirement Board
Rich represented a class of non-union workers that sued the State of Oregon and the Oregon Public Employees Retirement System (PERS) Board for $2.2 billion for changes made to Tier One of the Oregon PERS. The case was tried to a Special Master appointment by the Oregon Supreme Court. In a 4-3 split decision, the Court held unconstitutional a number of the legislative changes, giving workers a victory of approximately $1.1 billion. In a subsequent unanimous opinion, the Court awarded attorney fees, costs and a multiplier for “exceptional success” and the skill and professional standing of the lawyers involved.

Navlet v. Port of Seattle
Rich represented the defendant, the Port of Seattle, against class action allegations relating to the termination of the retiree medical benefits. Damages were alleged to be in excess of $10 million. Rich won summary judgment on behalf of the Port of Seattle. A direct appeal was taken to the Washington State Supreme Court. The decision is pending.

Compton v. Port of Seattle; Jones v. Port of Seattle
Rich was defense counsel representing the Port of Seattle in a claim for alleged wrongful contributions to the Social Security System on behalf of port police officers and firefighters. Damages were estimated in excess of $100 million. Rich won the cases on summary judgment.

Pension Fraud Litigation

Eidem v. Board of Trustees of Local 290 Plumber, Steamfitter & Shipfitter Industry 401(k) Welfare Trust
Rich represented class plaintiffs in a lawsuit alleging breach of fiduciary duties in connection with the Trusts’ investments with Capital Consultants in Portland, Ore. Capital Consultants ran a ponzi scheme and investors lost more than $300 million, of which approximately 60 percent has been recovered. Claims against the Trustees were settled for $3,738,864.

McPherson v. Board of Trustees of the Eight District Electrical Workers Pension, Welfare and 401(k) Trusts
Rich represented class plaintiffs in a lawsuit alleging breach of fiduciary duties in connection with the Trusts’ investments with Capital Consultants in Portland, Ore. Claims against the Trustees were settled for $5,250,411. In addition, settlements for $11,425,000 and $900,000 were reached with third-party consultants.

ERISA Preemption Litigation

Washington Physicians Ass’n, et al. v. Christine O. Gregoire, et al.
Rich represented 12 health care providers against the State of Washington in challenging the validity of RCW.48.43.045, the Every Category of Provider statute. The District Court ruled in favor of the health care providers, on summary judgment, finding that the statue was preempted by ERISA. The Court of Appeals for the 9th Circuit reversed that ruling. A petition for Writ of Certiorari was filed, but the U.S. Supreme Court denied review.

Partial Termination Litigation

Spear v. Alaska Electrical Workers; Garrison v. Alaska Carpenters; Alleva v. 302/301 Operating Engineers; Street v. Alaska Laborers; Thayer v. Alaska Teamsters
Rich represented five separate plaintiff classes of union workers who alleged that, due to a partial termination of their union plans, their pension benefits vested upon completion of the Alaska pipeline. Rich settled the lawsuits and the actuarial present value of the settlements was in excess of $90 million.

Prior Experience
Partner, Birmingham Thorson & Barnett, P.C.

Adjunct Professor, Pension & Profit Sharing, Seattle University School of Law

Associate, Davis Wright Tremaine LLP

Publications and Presentations
“Employee Stock Option Transfers,” Matthew Bender, Inc., 1988

“COBRA: Don’t Let it Bite You!” Compensation and Benefits Management, 1988

“ESOPs and DCAPs: The Employee Benefits of the 80s,” Compensation and Benefits Management, 1987

“Age Discrimination in Employment Amendments: Effects on Benefits Programs,” Compensation and Benefits Management, 1987

“IRS Issues Guidelines Concerning IRAs and Qualified Plan Distributions After Tax Reform,” Compensation and Benefits Management, 1987

“The Employee Benefits Provisions of the Tax Reform Act of 1986,” Compensation and Benefits Management, 1987

“Planning Opportunities and Pitfalls Under Recently-Issued Regulations,” Compensation and Benefits Management, 1986

“What IRS’s New Fringe-Benefit Regulations Mean,” Compensation and Benefits Management, 1986

“IRS Temporary REA Regulations Contain a Few Surprises and Little Guidance,” Compensation and Benefits Management, 1986

“Proposed Regulations Narrow the Scope of 414 Aggregation Rules for Some Corporations,” The Journal of Taxation, 1983

“The Retirement Equity Act of 1984,” Journal of Pension Planning and Compliance, 1984

“Using Multiple Group-Term Life Insurance Plans to Avoid Discrimination Rules,” The Journal of Taxation, 1985

Memberships and Activities
Member, Washington State Bar Association

Member, Oregon State Bar

Member, Alaska Bar Association

Former Contributing Editor to the National Quarterly Publication, Compensation and Benefits Management

Member – Executive Compensation Committee, Employee Benefit Committee and Welfare Benefit Committee – American Bar Association

Member, Seattle Pension Roundtable

Member, Western Pension Conference

Selected to “Who’s Who in American Law,” “Who’s Who in Practicing Attorneys,” “Who’s Who in Emerging Leaders,” and “Best Lawyers in America”

Selected to “Super Lawyers,” Washington Law & Politics

Education
L.L.M. (Taxation), Boston University School of Law

J.D., Seattle University School of Law

• Associate Editor, Law Review, Seattle University School of Law
• Distinguished Law Graduate