David Godofsky is the leader of the firm's Employee Benefits & Executive Compensation Group. He has a multidisciplinary practice that is unique in the United States. His ability to integrate legal analysis with cost, funding, administration and benefit design considerations is informed by his education and years of experience as an actuary and consultant. Mr. Godofsky is also a member of a team of litigators who have represented several major employers in cutting-edge class action litigation and other “bet the company” litigation matters.
Mr. Godofsky is a Fellow of the Society of Actuaries, an Enrolled Actuary, a former director of the Conference of Consulting Actuaries, and former vice chairman of the Education & Examination Committee of the Society of Actuaries. He currently serves on the program committee of the Enrolled Actuaries Meeting. Before joining Alston & Bird, he spent 18 years designing, implementing and administering employee benefit plans, determining costs, and helping employers control costs and get the most for their employee benefits budgets. His clients seek his advice for practical, workable solutions to complex problems, and the ability to make highly technical concepts understandable to executives, employees, judges and arbitrators.
- Merial Limited v. Velcera, et al., Civil Action No. 3:12-cv-75, United States District Court for the Middle District of Georgia. Represented Merial Limited in successful motion for preliminary injunction to prevent defendants from selling a competing product that would infringe on the patent for Frontline Plus anti-flea and tick medicine for dogs and cats.
- Represented the governor of Florida and the State of Florida in George Williams et al. v. Rick Scott et al., in which plaintiffs claimed that Florida’s new pension law for state and municipal employees violates the state constitution.
- Represented numerous companies in negotiations with the PBGC on a variety of issues, including 4062(e) liability.
- Drafted a comment letter on proposed Liquidity Shortfall funding regulations signed by the Chief Actuaries of Towers Watson, Aon Hewitt, Buck Consultants, Principal Financial Group, The Segal Company, Savitz and Turpin Consulting Group.
- Represented several large public companies in benefits issues in numerous acquisitions and mergers of equals, and advised those companies on the integration of their benefits plans and executive compensation arrangements.
- Represented a major airline in a billion-dollar, class action involving pension calculations, which was settled for less than two percent of the amount claimed by the plaintiffs.
- Represented one of the largest public companies in the United States in negotiations with the PBGC over liability under Section 4062(e) of ERISA.
- Represented a major insurance company in litigation with another insurer regarding transfer of actuarial reserves, winning a complete victory in Federal District Court.
- Represented a publicly held media conglomerate in connection with a violation of the anti-discrimination rules under Section 401(a)(4) of the Internal Revenue Code, reducing the cost of correction by more than 98 percent.
- Drafted amendments to hundreds of non-qualified retirement plans, executive compensation arrangements and employment agreements to comply with Section 409A of the Internal Revenue Code.
- Represented a mining conglomerate in an arbitration regarding a transfer of pension assets, resulting in a transfer to our client of the entire amount in the controversy.
- Represented a major financial institution in a dispute with federal regulators over statistical evidence of employment discrimination, settling the case for less than one percent of the amount claimed by the government.
- Represented an actuary in an ethics investigation before the Actuarial Board for Counseling and Discipline, in which no disciplinary action was taken.
- Represented an actuarial firm in a malpractice suit that was settled for less than one percent of the amount claimed.
- Represented numerous public companies in VCP filings and other self-corrections for qualified plans.
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Alston & Bird’s client, the State of Florida, today won a major victory in the Supreme Court of Florida, which ruled 4 to 3 that the 2011 Pension Law was constitutional, closing a nearly $1 billion per year hole in the budget of the State of Florida.
January 17, 2013
In the Press
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One hundred and forty-seven Alston & Bird attorneys have been selected for inclusion in the 2013 edition of The Best Lawyers in America. The publication is universally regarded as among the few definitive guides to legal excellence, and its rankings are based on an exhaustive peer-review survey in which more than 36,000 leading attorneys cast almost 4.4 million votes on the legal abilities of other lawyers in their practice areas.
September 18, 2012
In the Press
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David Godofsky was quoted in a Compliance Week article discussing the measures automakers are taking to reduce pension risks.
June 21, 2012
In the Press
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May 7, 2012
In the Press
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June 1, 2012
In the Press
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"Adventures in Backloading," 21 Benefits Law Journal 41, Winter 2008.
Winter 2008
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September 2, 2008
Publications
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March 2008
Publications
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“Beyond Milton Friedman’s Imprimatur: Law and Logic Support Monetarist Rejection of Age Discrimination Challenge to Cash Balance Plans,” Benefits Law Journal Vol. 19, No. 4, Winter 2006.
Winter 2006
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December 2006
Publications
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"Seventh Circuit Rules that Cash Balance Plans are Not Age Discriminatory; Second, Third, and Ninth Circuits Could follow," Illinois State Bar Association's Section on Employee Benefits Newsletter, Vol. 25, No. 1, at 9, September 2006.
September 2006
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"Preretirement Mortality Discounts," 17 Benefits Law Journal 112, Winter 2004.
Winter 2004
Past Events
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April 8-10, 2013
Seminar
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February 7, 2013
Seminar
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October 28-31, 2012
Seminar
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October 21-24, 2012
Seminar
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March 25-28, 2012
Seminar
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March 20, 2012
Seminar
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August 31, 2010
Seminar
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May 10, 2010
Seminar
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April 11-14, 2010
Seminar
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October 8-10, 2009
Seminar
- Fellow of the Society of Actuaries
- Enrolled Actuary
- Fellow of the Conference of Consulting Actuaries
- Member, American Academy of Actuaries
- Member, Program Committee of the Enrolled Actuaries Meeting