Damian Myers - Labor & Employment - Nixon Peabody LLP

Damian A. Myers



Damian Myers, based in Washington DC, is a partner in the Corporate practice group. He represents public and private companies on matters related to employee benefits and executive compensation.

What do you focus on?

I provide ongoing advice to clients on a broad range of compliance issues, including ERISA, tax, corporate, and securities laws and regulations. I have experience in the design and administration of health and welfare benefit plan design, and advise on compliance with various laws related to these plans, such as the Internal Revenue Code, the Affordable Care Act, HIPAA, COBRA and the Mental Health Parity and Addiction Equity Act. Additionally, I advise employers on a variety of issues relating to health and welfare matters in the collective bargaining context.

I work with clients on the evaluation and selection of medical plan network claims administrators and negotiate related administrative services. I also consult clients on pharmacy benefit design and administration, including the negotiation of pharmacy benefit manager agreements, and evaluation of pricing guarantees.

My practice also includes advising on tax-qualified retirement plans, including defined benefit pension plans, defined contribution plans (both 401(k) and 403(b) plans), and executive compensation arrangements. Finally, I assist clients with the benefits and executive compensation issues that arise in connection with corporation transactions.

What do you see on the horizon?

Health care in the United States is shrouded in uncertainty. Employers and plan sponsors are demanding more accountability and transparency from third-party administrators and pharmacy benefit managers. At the same time, provider market consolidation is putting a strain on traditional network discount arrangements, making value-based care more important than ever. Additionally, an explosion in digital health resources is enabling employers to deliver important health information and care in real time, but is putting a strain on privacy and security safeguards.

Ask the experts

Employee Benefit Plan Review | November 01, 2021

In the newest installment of their monthly “Ask the Experts” column, Chicago partner Yelena Gray, Washington, DC partner Damian Myers, and Rochester associate Lena Gionnette, all from the Corporate group and Employee Benefits & Executive Compensation team, outline the legal considerations for employers implementing COVID-19 vaccine incentives or surcharges; new fee disclosure requirements for health and welfare plan brokers; and best practices for plan sponsors when restating their pre-approved documents to the IRS.

Ask the Experts - Price transparency rules

Employee Benefit Plan Review | October 08, 2021

In the newest installment of their monthly “Ask the Experts” column, Chicago partner Yelena Gray, Washington, DC partner Damian Myers, and Rochester associate Lena Gionnette, all from the Corporate group and Employee Benefits & Executive Compensation team, outline the patchwork of new requirements aimed at increasing health care cost transparency and providing best practices for group health plan sponsors to ensure compliance with the rules.

Ask the experts

Employee Benefit Plan Review | August 20, 2021

In the newest installment of their monthly “Ask the experts” column, Chicago partner Yelena Gray, Washington, DC partner Damian Myers, and Rochester associate Lena Gionnnette, all in the Corporate group and Employee Benefits & Executive Compensation team, analyze the Department of Labor’s recent cybersecurity guidance and provide best practices for retirement plans.

Ask the experts

Employee Benefits Plan Review | July 27, 2021

Chicago partner Yelena Gray, Washington, D.C. partner Damian Myers, and Rochester associate Lena Gionnnette, all with the Corporate group and Employee Benefits & Executive Compensation team, contributed this column addressing various questions about health benefit coverage, including parity requirements for mental health and medical benefits, in addition to the application of continuing “COBRA” benefits for former employees.

New law requires health plans to demonstrate compliance with parity requirements between mental health and medical benefits

Employee Benefit Plan Review | June 10, 2021

Chicago partner Yelena Gray, Washington DC partner Damian Myers, and Rochester associate Lena Gionnette, all of the Corporate group, contributed this article analyzing the new federal laws requiring employer-sponsored group health plans to prove that their plans satisfy all aspects of the parity regulations between mental health and medical benefits.

Employers must find, tell laid-off workers of health subsidies

Bloomberg Law | April 15, 2021

This article on COBRA subsidies included in the American Rescue Plan quotes Washington, DC Corporate partner Damian Myers, of the Employee Benefits & Executive Compensation team, on challenges employers face—from communicating details of the subsidy to their laid-off workers to recouping money from the government that they spend on the subsidized coverage.

Stakeholders await key guidance on full COBRA subsidies

Inside Health Policy | March 26, 2021

Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, is quoted in this article on COBRA subsidies included in the newly enacted American Rescue Plan, noting potential challenges for employers. The article also links to a client alert Brian wrote with Chicago Corporate partner Yelena Gray and Washington, DC Corporate partner Damian Myers, both of the Employee Benefits & Executive Compensation team.

Stimulus legislation gives temporary relief under flexible spending arrangements

Journal of Compensation and Benefits | March 12, 2021

Washington, DC partner Damian Myers, Chicago partner Yelena Gray, and Rochester associate Lena Gionnette, all of the Corporate group and Employee Benefits & Executive Compensation team, contributed this article summarizing the temporary relief for flexible spending accounts in the December 2020 stimulus law, highlighting important takeaways for plan sponsors.

3 Tips on Complying with the New Mental Health Parity Law

Law360 | February 10, 2021

Chicago partner Yelena Gray and Washington, D.C. partner Damian Myers, both of the Corporate group and Employee Benefits & Executive Compensation team, are quoted throughout this article on steps employers can take to ensure they are in compliance with the mental health parity law that took effect on Wednesday.

Washington-area appointments and promotions for Feb 1

The Washington Post | January 31, 2021

Intellectual Property partner Lauren Arnold and Corporate partner Damian Myers, both in Washington, D.C., were included in this roundup of notable executive news for their promotions to partner.

Devil's in the Details as Union Pension Crisis Awaits Biden

Law360 | January 03, 2021

Washington, D.C. Corporate partner-elect Damian Myers, of the Employee Benefits & Executive Compensation team, is quoted on how the upcoming U.S. Senate runoff elections in Georgia could impact negotiations related to the multiemployer pension crisis.

Number of 401(k) Funds Offered to Plan Participants Shrinks

HR News | December 01, 2020

This article on the shrinking number of funds offered to 401(k) plan participants quotes a recent Fall Employee Benefits Briefing blog post written by Employee Benefits & Executive Compensation leader and Corporate partner Eric Paley, Corporate partners Christian Hancey and Brian Kopp, and Corporate associates Lena Gionnette and Jenny Holmes, all in Rochester; and Washington, D.C. Corporate counsel Damian Myers.

Contact

Damian A. Myers

Partner

Washington, DC

Phone: 202-585-8485


Fax: 844-950-1625

Georgetown University Law Center, LL.M.

University of Georgia School of Law, J.D.

University of Georgia, B.S.

District of Columbia

  • District of Columbia Courts’ Capital Pro Bono Honor Roll
  • The Legal Aid Society’s 2016 Pro Bono Publico Award
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