Matthew Goedert handles a broad variety of matters in the employee benefits area, including design and drafting, implementation, administration, and fiduciaries responsibilities of retirement plans, with an emphasis on the structuring and implementation of leveraged and non-leveraged employee stock ownership plans (ESOPs) involving privately held companies.
I counsel employers in the design, implementation and administration of qualified retirement plans—including correcting operational errors discovered during plan administration. I have had success finding creative solutions to correct retirement plan tax qualification and fiduciary issues (e.g., negotiated with the Department of Labor to reduce penalties associated with multiple year late 5500 filings). I help plan fiduciaries understand their administrative duties.
Over the years, I have advised numerous corporations, trustees and shareholders of closely held companies on a wide variety of ESOP transactions—to include leveraged buyouts, corporate redemptions, ownership succession transactions, corporate reorganization, unwinding ESOP transactions and sale of all or part of the ESOP employer securities. I have structured numerous ESOP transactions and assisted companies find financing to partially fund transactions. I have also helped board of directors and corporate management navigate corporate government issues particular regarding ESOPs.
Beyond transaction, I have advised sponsors and fiduciaries on ESOP compliance and technical issues that occur during the year such as testing, distributions, participant dispute and prudent practices.
My practice also includes representing clients with respect to IRS and Department of Labor examinations and audits and assisting in the resolution of plan defects, including submitting plan corrections under both the IRS and Department of Labor correction programs. I have a long track record of limiting cost and exposure for clients in IRS and Department of Labor investigations.
With an aging workforce, I expect more litigation for qualified retirement benefits in the future. Plan sponsors and fiduciaries need to consistently review their practices in light of the current litigations and government activity in order to stay one step ahead.
Matthew is a frequent speaker on employee benefit issues and ESOPs. Recent presentations include:
This article covering S&P Global Mobility’s purchase of automotive pricing and incentive intelligence company Market Scan, mentions NP for advising Market Scan in the sale. The NP deal team was led by San Francisco Corporate partner Lior Zorea, leader of the firm’s West Coast Emerging Companies and Venture Capital team. The team also included Corporate partners Christian Hancey of Rochester and Shahzad Malik of Los Angeles; San Francisco Affordable Housing & Real Estate partners Ian O’Banion and Alison Torbitt; Corporate counsels Michael Fitzpatrick of Boston and Matthew Goedert of San Francisco; Washington, DC Complex Disputes counsel Brian Whittaker; Rochester Cybersecurity & Privacy counsel Jenny Holmes; Corporate associates Robert Pethick of Boston and Brian Kenney of Washington, DC; and Washington, DC Construction & Real Estate Litigation associate Martha Medina.
Golden Gate University, LLM, Taxation
Oklahoma City University Law School, J.D.
University of Nevada, Reno, B.A.
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