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David McFarlane

Partner

dmcfarlane@crowell.com
Phone: +1 213.443.5573
515 South Flower St., 40th Floor
Los Angeles, CA 90071-2201

David McFarlane is an ERISA partner in the firm's Corporate, Health Care, Tax, and Labor & Employment groups in Crowell & Moring’s Los Angeles office. David has more than 25 years of experience in the U.S. and Canada advising on all matters under the Employee Retirement Income Security Act (ERISA), the Internal Revenue Code and other applicable laws related to pensions, retirement, health and welfare plans, employee benefits, equity and deferred compensation plans, and other matters relating to executive compensation. David and his ERISA colleagues have an in-depth knowledge and experience in advising clients on ERISA plan asset investment and prohibited transaction rules, private equity investments, fund structuring, ERISA fiduciary protection, cybersecurity risks, national and international corporate transactions, regulatory filings, and bankruptcy reorganizations. David is also well known for his knowledge of ERISA, the Affordable Care Act, and private and public health plan matters including fiduciary audit and protection for corporate plan sponsors.

David and his team have developed a unique Fixed-Fee ERISA Fiduciary Protection Program for corporate plan sponsors of retirement, health, and other employee benefit plans to ensure compliance with ERISA, the Internal Revenue Code, the Affordable Care Act, and other laws in order to best protect plan sponsors and their Boards of Directors, officers, and other employees from personal liability under ERISA.

David has been active in leadership roles for a variety of public and private institutions and organizations including president of the Canadian American Bar Association, judge pro tem of the Superior Court of California, vice-chair of the board of directors at Barlow Respiratory Hospital, president of the LGBT Bar Association of Los Angeles, and president of the Western Pension & Benefit Council (Los Angeles).

Prior to joining Crowell & Moring, David was a former partner in the Canadian law firm Osler, Hoskin & Harcourt before joining Skadden Arps in Los Angeles for 13 years. David is a frequent speaker and writer on matters related to his practice as well as diversity in the practice of law. He was recently recognized in the Los Angeles Business Journal as one of the “Most Influential Minority Lawyers in Los Angeles.”

Education

  • McGill University, B.A. political science (1983)
  • University of Windsor, Faculty of Law, Windsor, Canada, J.D. (1986)

Affiliations

Admitted to practice: California; Ontario, Canada (inactive)


Professional Activities and Memberships

  • Canadian American Bar Association – Past President
  • Barlow Respiratory Hospital – Former Vice-Chair, Board of Directors
  • LGBT Bar Association of Los Angeles– Past Co President
  • UCLA School of Nursing – Former Advisory Board Member
  • Western Pension & Benefits Council, Los Angeles – Past President

View More

"North Carolina Enacts Association Health Plan Law," Crowell & Moring's Health Law Blog (September 24, 2019). Authors: David McFarlane and Alice Hall-Partyka.
Publication
"Current Issues Regarding Taxation of Independent Contractors," Crowell & Moring's Managing Tax Audits and Appeals Seminar 2019, Washington, D.C. (September 12, 2019). Presenters: David McFarlane, Glenn D. Grant, and Samuel W. Krause.
Speech/Presentation
"Court Upholds Short-Term, Limited Duration Insurance Policy Rule," Crowell & Moring's Health Law Blog (July 23, 2019). Authors: David McFarlane & Alice Hall-Partyka.
Publication
"Payers, Providers, and Patients – Oh My!: Fiduciary Duties Under ERISA," Podcast: Payers, Providers, and Patients – Oh My! (July 10, 2019). Contacts: David McFarlane, Samuel W. Krause, Payal Nanavati, Joe Records
Client Alert/Newsletter
"Third Thursday--C&M’s June Labor & Employment Update: Supreme Court Watch 2019 – A Recap and a Look Forward," Crowell & Moring Webinar (June 20, 2019). Presenters: Thomas P. Gies, David McFarlane, Suzanne Rode, and Jillian Ambrose.
Speech/Presentation
Will Health Plan Costs Spur A New Wave Of ERISA Suits? Law360 (June 20, 2019)
In the News
Los Angeles County Bar Association Names David McFarlane LGBTQ Pride Month Honoree (Jun.12.2019)
Firm News/Announcement
"Avoiding Fringe Benefit Pitfalls: Tax Traps, De Minimis Rules, Correction Procedures, Fiduciary Risks," Strafford Webinar (April 2, 2019). Co-Presenter: David McFarlane.
Speech/Presentation
"Court Unravels New Association Health Plan Rules," Health Care Alert (April 2, 2019). Contact: David McFarlane
Client Alert/Newsletter
"The Naked Ceo – Personal Liability For Board Members And C-Suite Under Erisa," Crowell & Moring's Retail & Consumer Products Law Observer (January 25, 2019). Author: David McFarlane.
Publication

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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