Paul W. Madden

Paul W. Madden

SENIOR COUNSEL
pmadden@wtplaw.com
BALTIMORE
T: 410.347.8742
F: 410.223.4162



Mr. Madden is a senior counsel at WTP who has focused his legal practice entirely on employee benefits in both the private and public sectors. He advises clients on the creation and maintenance of all forms of employee benefits plans, including qualified pension and 401(k) plans, non-qualified deferred compensation plan and health and welfare plans. He is active in the National Association of Public Pension Attorneys and currently serves as a member of its Executive Board and the Board Liason to its Tax Section.

Recognitions

  • AV Peer Review Rated: Martindale-Hubbell
  • Listed in Best Lawyers in America, 2010 - present
  • Recognized in Chambers USA: America's Leading Lawyers for Business, published by Chambers and Partners (2007-present)
  • Listed in Maryland Super Lawyers, 2009 – 2014
 

Memberships & Activities

Bar & Professional Associations

  • Member:  Maryland State Bar Association
  • Member:  Bar Association of Baltimore City
  • Member:  Bar Association of Howard County
  • Member:  National Association of Public Pension Attorneys  (NAPPA)
  • Member: Employee Benefits Subcommittee, Maryland State Bar Association (Chairman, 1995 - 1996)
  • NAPPA: Co-Chair/Lead Chair of Tax Section (2004-2014); Member of Executive Board (2004-present)
  • Co-Chairman: Internal Revenue Service Employee Benefits Conference (1994-2000)


Boards & Community Service

  • Member: Executive Board & Executive Committee, Baltimore Area Council, Boy Scouts of America (2002 to present)
  • Member: Sunrise Rotary Club of Ellicott City (1991 to 2013)
  • Best Lawyers Designation
  • Chambers and Partners Designation

Employee Benefits/Governmental Plans

  • Defined benefit plans, defined contribution plans, grandfathered 401(k) plans and hybrid plans
  • Assisting government plan sponsors in obtaining determination letters and private letter rulings
  • Assisting clients in obtaining compliance statements under the Employee Plans Compliance Resolution System (EPCRS) and closing agreements under Section 7121 of the Internal Revenue Code
  • Issues arising under federal and state legislation, including issues relating to the qualified status of the plans under Sections 401(a) and 414(d) of the Code
  • Fiduciary, investment and benefit and tax-reporting issues in connection with the plans
  • Formation and implementation of trusts to pre-fund retiree health benefits in compliance with Governmental Accounting Standards Board Statements 43 and 45
 

Employee Benefits/ERISA

  • Tax-qualified retirement plan design and advice - for profit and tax-exempt
  • Review of custom and prototype retirement plan documents
  • Defined benefit plans, cash balance and hybrid plans, profit-sharing and 401(k) plans, ESOPs
  • Self-funded and insured health plans, group-term life, disability, Section 125 cafeteria plans
  • Controlled group, affiliated service group and leased employee analysis
  • Analysis of non-discrimination rules for qualified plans, health plans, health savings accounts (HSAs), health reimbursement arrangements (HRAs), cafeteria plans and group term life plans
  • Preparation and review of employee communications pertaining to retirement and welfare benefit plans 
  • Advice to parties in mergers, acquisitions & other business transactions regarding employee benefit plan issues
  • Welfare benefit plan design, advice and drafting
  • Preparation and review of qualified domestic relations orders
  • Analysis of potential prohibited transaction issues involving retirement and welfare benefit plan assets 
  • Preparation of trust documents to fund post-employment benefits
  • Negotiation of service agreements with custodians, actuaries, investment advisers and third party administrators (TPAs)
 

ERISA Compliance

  • Advice to retirement and welfare plan sponsors in all aspects of ERISA compliance
  • Compliance reviews
  • Internal Revenue Service (IRS), Department of Labor (DOL) and Pension Benefit Guaranty Corporation audits
  • IRS and DOL correction programs
  • Successful negotiation of IRS, DOL and PBGC penalty reductions 
  • Interaction with outside auditors of retirement plan financial statements 
  • IRS plan approval
  • Correction of operational errors (self-correction, correction with IRS approval or correction on audit)
 

Employee Benefits/Executive Deferred Compensation

  • Advice to private sector employers (including tax-exempt employers) on non-qualified deferred compensation plans
  • Compliance with Section 409A of the Internal Revenue Code and (for tax-exempt organizations) compliance with Section 457
  • Advice on application of golden parachute rules (Sections 280G and 4999 of the Code)
 

Employee and Benefit Plans – Health Care

  • Health plan design, advice and drafting
  • Self-funded and insured health plans, high-deductible health plans (HDHPs), health savings accounts (HSAs), health reimbursement arrangements (HRAs), flexible spending accounts (FSAs) and cafeteria plans
  • Compliance with all aspects of the Patient Protection and Affordable Care Act  of 2010 (including advice concerning non-discrimination rules and employer mandates)
  • Analysis of application of non-discrimination rules to self-funded and insured health plans, HDHPs, HSAs  HRA, FSAs and cafeteria plans
  • Federal and state COBRA compliance pertaining to continuation of employer-provided health care benefits
 

Continuing Care Retirement Communities, Long Term Care, Assisted Living

  • Tax-qualified retirement plan design and advice
  • Section 403(b) and 457 plan design and drafting
  • Compensation and benefit analysis for avoidance of intermediate sanctions
  • Compliance with Affordable Care Act
 

 Employee Benefits & ERISA Litigation

  • Advice and legal services regarding ERISA compliance
  • Advice on fiduciary responsibilities and prohibited transactions 
  • Advice regarding audits by the Department of Labor (DOL) and the Pension Benefit Guaranty Corporation
  • Representation in ERISA administrative claims and litigation
  • Representation in litigation brought by DOL alleging prohibited transactions    
 

Nonprofit Organizations and Associations

  • Tax-qualified retirement plan design and advice
  • Section 403(b) and 457 plan design and drafting
  • Compensation and benefit analysis for avoidance of intermediate sanctions
 

Business & Corporate Law

  • Advice to parties in mergers, acquisitions & other business transactions regarding employee benefit plan issues
  • Advice on multi-employer plans and withdrawal liability issues

 

ARTICLES

ACT BY YEAR END: Timing of Severance Payments Where Payment is Contingent on Employee Signing a Waiver and Release

The IRS frowns on arrangements that allow someone to "game the system" and shift income back and forth across tax years. If a severance payment isn't due until after the departing employee signs a Waiver and Release, then the employee can theoretically hold off signing long enough to move the income into the following tax year. Employers need to amend their plans by the end of this year to prevent this.


Required Changes to Non-Qualified Deferred Compensation Plans

On October 22, 2004, President Bush signed into law the American Jobs Creation Act of 2004. This legislation adds new Section 409A to the Internal Revenue Code. Section 409A will require most employers to amend their non qualified deferred compensation plans (“NQDCPs”) and to operate the plans under new rules imposed by Section 409A.


Eligible 457 Plans, a New Tax Deferral Opportunity

The Economic Growth and Tax Relief Reconciliation Act of 2001 (“EGTRRA”), which President Bush signed into law on June 7, 2001, has many provisions which affect the pension benefit programs of tax-exempt employers. This WT&P Alert focuses on a provision of EGTRRA which creates a new tax deferral opportunity for executive employees of tax-exempt organizations: the Eligible 457 Plan.

NEWS

Chambers Honors Whiteford in 11 Practice Areas

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2019 list of leading firms and business lawyers.

57 WTP Attorneys Listed in Best Lawyers in America 2019, Four Named "Lawyer of the Year"

57 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2019 (copyright 2018 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Delaware, Maryland, Virginia and Washington offices. Client comments are posted on the U.S. News & Best Lawyers web site.

59 WTP Attorneys Listed in Best Lawyers in America 2018, Two Named "Lawyer of the Year"

59 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2018 (copyright 2017 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices. Client comments are posted on the U.S. News & Best Lawyers web site, at bestlawfirms.usnews.com.

In addition, two lawyers were selected as “Lawyer of the Year” for their particular areas of practice.


Whiteford, Taylor & Preston and 29 Lawyers Honored by Chambers and Partners

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has once again ranked the firm highly in its 2017 list of leading firms and business lawyers. This year’s recognition includes a record 29 attorneys in 4 states, the District of Columbia and Afghanistan. 


59 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, 2017, Eight Named as "Lawyers of the Year"

Fifty-nine lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2017 (copyright 2016 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, eight lawyers were selected as “Lawyers of the Year” for their particular areas of practice. 


63 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America, Four Named as "Lawyers of the Year"

Sixty-three lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2015 (copyright 2014 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, four lawyers were selected as “Lawyers of the Year” in the Baltimore region for their particular areas of practice.


Fifty-Four Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland

Whiteford, Taylor & Preston is pleased to announce that 54 of its Maryland-based attorneys are listed among the 2014 Super Lawyers and Rising Stars.

The firm is particularly proud of the young lawyers who are recognized as “Rising Stars” and the three partners who received special recognition -- Edward Buxbaum and Dwight Stone in the Top 100, and Mary Claire Chesshire in the Top 50 Women.


61 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America; Nine Named as "Lawyers of the Year"

Sixty-one lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2014 (copyright 2013 by Woodward/White, Inc., of Aiken S.C.). The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices, including the firm's new Roanoke office.

In addition, nine lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.


Whiteford, Taylor & Preston and 13 Partners Named as Leaders in the Legal Profession by Chambers and Partners

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has again ranked the firm highly in its 2013/2014 list of America’s leading firms and business lawyers. 

In addition, thirteen of the firm’s partners received individual recognition, including Kevin Hroblak, who was rated this year as "Up and Coming" in both General Commercial and Bankruptcy Litigation. Mr. Hroblak is co-chair of the firm’s Litigation Department and a leading member of the Business Reorganization and Bankruptcy Litigation practice.


Sixty-Four Whiteford Attorneys Named Super Lawyers and Rising Stars in Maryland, Delaware, Virginia

Whiteford, Taylor & Preston is pleased to announce that 64 of its attorneys are listed among the 2013 Super Lawyers and Rising Stars in three states.

The firm is particularly proud of the young lawyers who are recognized as “Rising Stars”; the four partners who are listed in the Top 100 in Maryland – Edward Buxbaum, Edwin Fee, William Ryan, and Dwight Stone; and the 16 who are named for the first time this year.


60 Whiteford, Taylor & Preston Attorneys Listed in Best Lawyers in America Five Named as "Lawyers of the Year"

Sixty lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2013 (copyright 2012 by Woodward/White, Inc., of Aiken S.C.).

This represents an increase of seven over last year.  The lawyers selected are based in the firm’s Maryland, Washington and Virginia offices.

In addition, five lawyers were selected as “Lawyers of the Year” in their jurisdictions and areas of practice.


Whiteford, Taylor & Preston and 14 Partners Named as Leaders in the Legal Profession by Chambers and Partners

Whiteford, Taylor & Preston is pleased to announce that Chambers and Partners has again ranked the firm highly in its 2012/2013 list of America’s leading firms and business lawyers. 

In addition, fourteen of the firm’s partners received individual recognition, including Kevin Hroblak, who was rated this year for the first time in the Litigation category.  Mr. Hroblak is co-chair of the firm’s Litigation Department and a leading member of the Business Reorganization and Bankruptcy Litigation practice.


Forty-Six Whiteford, Taylor & Preston Attorneys Named Super Lawyers and Rising Stars in Maryland; Five in Maryland Listed in “Top 100”

Whiteford, Taylor & Preston is pleased to announce that 46 of its attorneys are listed among the 2012 Maryland Super Lawyers and Rising Stars.

The firm is particularly proud of the five who are listed in the Top 100 in Maryland – Edward Buxbaum, Edwin Fee, Paul Nussbaum, William Ryan, and Dwight Stone. Selection of the Top 100 lawyers in a jurisdiction is strictly based on the highest scores in the Super Lawyer judging process, and Whiteford is one of the two firms with the most names on the list.

Whiteford, Taylor & Preston and 13 Partners Named as Leaders in the Legal Profession by Chambers and Partners

Whiteford, Taylor & Preston is delighted to announce that Chambers and Partners has highly ranked the firm and 13 of its attorneys in its 2011 list of America’s leading firms and business lawyers. 

Newly rated this year was Joseph Mezzanotte, co-chair of the firm’s Real Estate practice.

As in the past, the firm was recognized in Maryland in six separate categories of practices. As before, the firm’s Bankruptcy Litigation practice is the only one in Maryland ranked in Band One, the highest rating.