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Experience

Russell Gully counsels employers and fiduciaries in all areas of employee benefits, including tax and ERISA issues relating to the design and administration of qualified and nonqualified deferred compensation plans and group health plans. His expertise includes the review and preparation of retirement and health plan documents and assistance with benefit plan implementation. Russell also counsels employers on employee benefits issues arising from business mergers and acquisitions.

Representative Matters

  • Represent publicly held and privately owned employers in connection with the design and administration of their 401(k) plans, defined benefit pension plans, and nonqualified deferred compensation plans
  • Represent not-for-profit organizations, including churches, in connection with the design and administration of their defined benefit pension plans, 403(b) programs, and nonqualified deferred compensation plans
  • Represent employers in connection with the freezing, de-risking, and termination of their defined benefit pension plans
  • Represent employers in connection with the obligations of the Affordable Care Act
  • Represent employers in connection with the obligations of their group health plans to provide COBRA continuation coverage and to comply with the HIPAA portability, privacy and security rules
  • Represent employers in connection with the implementation and ongoing administration of their welfare benefit plans, cafeteria plans, spending account plans, retiree health reimbursement arrangements (HRAs), voluntary employees’ beneficiary associations (VEBAs), and occupational injury benefit plans
  • Represent employers negotiating with the Internal Revenue Service over corrections under the Employee Plans Compliance Resolution System (EPCRS) in connection with qualified plan matters
  • Represent employers in connection with benefit plan audits by the Internal Revenue Service, Department of Labor, and Pension Benefit Guaranty Corporation
  • Represent employers in connection with the administration and consolidation of 401(k) plans and other benefit plans following business mergers and acquisitions

 

Published Case

  • Keen v. Weaver, 121 S.W.3d 721 (Tex.), cert. denied, 540 U.S. 1047 (2003)

Honors & Affiliations

Distinctions/Honors

  • The Best Lawyers in America® by Woodward/White Inc. (Employee Benefits (ERISA) Law), 2011-2019
  • Recommended Attorney, The Legal 500 US by Legalease (Labor and Employment: Employee Health and Retirement Plans), 2017

Memberships/Affiliations

  • Member, American Bar Association; Taxation Section; Co-Chair, IRAs & Plan Distributions Committee, Real Property, Trust and Estate Law Section
  • Member, State Bar of Texas; Taxation Section, Employee Benefits Committee
  • Member, Dallas Bar Association; Employee Benefits/Executive Compensation Section, Executive Council, 1993-1995
  • Member, SouthWest Benefits Association
  • Member, St. Thomas More Society
  • Board of Directors, Texas Exes Dallas Chapter, 2016-2018
  • Instructor, Richland College, 1994-1995; Employee Benefits, Legal Overview
  • Member, Knights of Columbus; State Advocate, Texas State Council, 1996-1998

Education & Admissions

Education

  • J.D., 1984, with honors, The University of Texas School of Law, Phi Delta Phi
  • M.A., 1978, The University of Texas at Austin
  • B.A., 1976, with highest honors, The University of Texas at Austin

Admissions

  • Texas

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