Print EmailText:SmallMediumLarge

David C. Kaleda

Partner


David C. Kaleda is a partner in Alston & Bird’s Employee Benefits & Executive Compensation Group in Washington, D.C. He has extensive experience dealing with compliance issues arising under the Internal Revenue Code and ERISA with respect to qualified plans, as well as Internal Revenue Code issues affecting nonqualified plans. In addition, a significant portion of Mr. Kaleda’s practice is focused on advising plan fiduciaries and services providers on the structuring of products and the provision of services to ERISA-governed plans and other arrangements subject to ERISA and the Internal Revenue Code. Mr. Kaleda has experience structuring funds to comply with the VCOC and REOC requirements, as well as structuring “plan asset” funds.

Mr. Kaleda is a member of the American Society of Pension Professionals and Actuaries (ASPPA) and the ABA’s Joint Committee on Employee Benefits (JCEB). He has been a speaker at several forums and has written several articles addressing a variety of employee benefit-related topics. Prior to joining Alston & Bird, Mr. Kaleda worked for The Vanguard Group, one of the largest mutual fund complexes in the United States. In December of 2011, Mr. Kaleda was appointed by the Secretary of Labor to a three year term on the ERISA Advisory Council (2012-2014).

Representative Experience

  • Counsel to several large plan sponsors and service providers on correction of compliance issues, preparation of related submissions to the Department of Labor and the Internal Revenue Service, and negotiation of appropriate correction methodologies with these government agencies.
  • Adviser to clients who are the subject of Internal Revenue Service and Department of Labor audits.
  • Served as co-counsel with a prominent Canadian law firm to Canadian and U.S. claimants in a Canadian bankruptcy proceeding brought under the Companies’ Creditors Arrangement Act (CCA), in order to establish claimants’ rights to benefits under applicable Canadian and U.S. law.
  • Counseled investment advisers to ERISA-governed accounts and alternative investment funds (both “plan asset” and non-plan asset funds) on a variety of ERISA compliance issues, including matters raised by recent Department of Labor guidance.
  • Worked with advisers on structuring funds that meet the VCOC and REOC requirements and drafted related opinions.
  • Advised several large plan sponsors on plan design, compliance and fiduciary issues arising in day-to-day plan operations and during merger and acquisition activity. Recent projects include advising (i) plan fiduciaries (both governmental and non-governmental) on investments in hedge funds, (ii) a plan fiduciary on the implementation of “custom” target date/life cycle funds, (iii) a sponsor of a plan dual-qualified under U.S. and Puerto Rico law on a spin-off of the Puerto Rico portion of the plan in order to comply with Revenue Ruling 2008-40 and on related investment issues, (iv) plan sponsors on the provision of domestic partner benefits and (v) plan fiduciaries on a variety of investment and governance issues, including review of fees paid by the plan and potential fiduciary risks related to the payment of those fees.
  • Counsel to investment advisers and other fiduciaries on the disposition and purchase of distressed assets (e.g., derivatives, auction rate securities, etc.) by ERISA plans and IRAs.
  • Counsel to several employers on compliance, design and drafting issues arising under Section 409A of the Code and related to nonqualified deferred compensation arrangements, severance arrangements and employment agreements.


David C. Kaleda

The Atlantic Building
950 F Street, NW
Washington, D.C. 20004-1404
Phone: 202-239-3329
Fax: 202-654-4920

Education

  • Villanova University
    (LL.M. Taxation, 2003)
  • Duquesne University
    (J.D., 1996)
  • College of New Jersey
    (B.A., 1992)

Admitted to Practice

  • New Jersey
  • Pennsylvania
  • District of Columbia