Damian A. Myers

Damian A. Myers is a senior counsel in the Employee Benefits & Executive Compensation Group.

Damian represents public and private companies on matters related to employee benefits and executive compensation law, including compliance with ERISA, tax, corporate and securities laws and regulations affecting employee benefit plans, programs and arrangements. He is an expert in health and welfare benefit plan design and administration. In that regard, Damian:

  • Provides his clients proactive, ongoing advice regarding compliance with the various laws applicable to health and welfare plans, including ERISA, the Internal Revenue Code, the Affordable Care Act, HIPAA, COBRA and the Mental Health Parity and Addiction Equity Act;
  • Advises on day-to-day administrative matters and government agency inquiries;
  • Monitors and advises his clients on legislative and regulatory health care reform developments;
  • Assists clients with the evaluation and selection of medical plan network and claims administrators and negotiates related administrative service agreements; and
  • Advises on pharmacy benefit design and evaluation and negotiation of pharmacy benefit management agreements, with a focus on price transparency and pass-through of rebates and discounts.

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Damian also counsels his clients with respect to health and welfare matters in the collective bargaining context, particularly under the Railway Labor Act. He guides clients through minor and major disputes involving health and welfare benefits, and assists labor counsel with resulting arbitrations and Presidential Emergency Board hearings.

In addition to health and welfare plan advice, Damian frequently advises clients with respect to tax-qualified retirement plans, including defined benefit pension plans, 401(k) plans and 403(b) plans. For example, Damian assists clients with plan design and preparation of plan documents, day-to-day administration matters and ERISA fiduciary issues. He also helps clients evaluate plan service providers, such as retirement plan record-keepers, trustees, investment advisors and investment managers, and negotiates related service provider agreements. With respect to defined benefit pension plans, Damian advises on funding issues, de-risking strategies and conversions to cash balance designs. Finally, for all tax-qualified plans, Damian guides clients through the government audit process, whether initiated by the Internal Revenue Service or the Department of Labor.

Damian is a frequent writer and speaker on all areas of employee benefits laws. He is a contributing editor of Mandated Health Benefits – The COBRA Guide. Damian is also an integral member of Proskauer’s Health Care Reform Task Force, an interdisciplinary group of lawyers from relevant practices within the Firm that helps clients evaluate health care reform developments and develop strategies to maintain legal compliance.

Prior to joining Proskauer, Damian worked as an associate in the Washington, D.C. office of a large international law firm, where he advised public and private companies on all aspects of employee benefits and executive compensation law.