Timothy B. Collins focuses his practice on all aspects of employee benefits and executive compensation. Mr. Collins' practice runs the full gamut of the tax and ERISA aspects of tax-qualified retirement plans; equity awards, such as stock options, SARs and restricted stock; nonqualified deferred compensation and SERPs under Code Section 409A; executive employment agreements, golden parachutes and other change in control arrangements; severance contracts; performance bonus and incentive plans; excess benefit and top hat plans and the like. Mr. Collins represents both companies and executives in drafting and negotiating employment arrangements. Mr. Collins counsels clients with respect to all matters related to fiduciary compliance, including with respect to investment offerings and investment policy statements under tax-qualified retirement plans. Mr. Collins also counsels clients who are seeking approval under the Internal Revenue Service Employee Plans Compliance Resolution System program and the U.S. Department of Labor Voluntary Fiduciary Correction Program.
Mr. Collins is a 2006 magna cum laude graduate of the University of Notre Dame Law School, where he was a notes editor of the Notre Dame Law Review and a national finalist in the 2005 American Bar Association's client counseling competition, and a 2002 magna cum laude graduate of the University of Notre Dame.
Representative Matters
Represented IQVIA Inc. (NYSE: IQV), a leading global provider of advanced analytics, technology solutions and clinical research services to the life sciences industry, in connection with its acquisition of a life sciences consulting and communications company.
Represented iAnthus Capital Holdings, Inc. (CSE: IAN; OTCQX: ITHUF) in its acquisition of CBD For Life, a top-ranked producer of innovative CBD-infused wellness, self-care, and beauty products.
Provide ongoing counsel to the largest telecommunications provider (NYSE-traded) in the U.S. with respect to defined-benefit pension plan administration (single-employer plans and multi-employer plans), including participant communications related to employee benefit plans, and an entire redraft of defined-benefit pension plans and subsequent submission to IRS for favorable determination letter rulings.
Represent the largest software-solutions company (NYSE-traded) with respect to all aspects of executive compensation agreements, 401(k) plan compliance and health and welfare plan compliance. Provide support with respect to all areas and issues arising out of hiring and termination of executives, including, but not limited to, the interaction with the individual executive incentive plans. Assisted in the redesign, amendment and restatement of all executive compensation programs and plans. Provide day-to-day assistance with respect to the ongoing qualification of the 401(k) plan. Provide day-to-day assistance with all aspects of the plan, including but not limited to COBRA, plan-document compliance and regulatory compliance.
Represent one of the largest U.S. investment banking firms (NYSE-traded) with respect to the bank’s provision of trust and fiduciary services to employee benefit plans and employee benefits-related insurance products.
Represented Unilife Corp. (Nasdaq: UNIS / ASX: UNS) in connection with its announced effort to seek strategic alternatives, culminating in a strategic collaboration with Amgen Inc. (Nasdaq: AMGN) for Unilife's wearable injectable drug delivery systems to use with Amgen's biologics and other medicines. The deal provides Unilife with investments of up to $90 million from Amgen and restructures Unilife's existing debt with OrbiMed.
Counsel to publicly traded pharmaceutical company in connection with acquisition by international biopharmaceutical company and associated parachute payment issues under Code Section 280G.
Represents large family and ESOP-owned company with respect to day-to-day ESOP plan compliance.
Represents large family and ESOP-owned company with respect to termination of ESOP and redemption of company stock from ESOP.
Represent an ESOP-owned information-technology and consulting solutions and services company with respect to day-to-day ESOP plan compliance. Provide day-to-day assistance with respect to the ongoing qualification of the ESOP.
Represented Clarion Capital Partners and its portfolio company, HR Outsourcing Holdings, Inc., a professional employer organization based in Atlanta, Georgia, in the acquisition of the outstanding capital stock of Fortune Financial, Inc., another professional employer organization based in Tampa, Florida, as well as the related financing transaction.
Counsel to a large manufacturing company (NYSE-traded) with respect to all aspects of employee benefits, including multiple defined-benefit pension plans, 401(k) plan, employer stock issues related to 401(k) plan, self-funded health and welfare plans, assisted on the redesign of pension plans including multiple plan freezes and plan mergers, recently amended and restated plans for design changes and IRS submission.
Counsel to a large medical device company (NASDAQ-traded) with respect to all aspects of executive compensation and employee benefits, including multiple pension plans, 401(k) plan, employer stock issues related to 401(k) plan, self-funded health and welfare plans, restructuring of executive deferral and supplemental retirement programs and related "rabbi trusts" for compliance with Internal Revenue Code Section 409A, management of QDRO outsourcing, executive employment and severance agreements, stock-option-plan compliance, recently amended and restated plans for design changes and IRS submission.
Admissions
- Pennsylvania
Education
- University of Notre Dame Law School, J.D., 2006
Note Editor and Staff Member, Notre Dame Law Review - University of Notre Dame, Bachelor of Arts & Science, magna cum laude, 2002
Experience
- Duane Morris LLP
- Partner, 2017-present
- Associate, 2006-2016
Selected Publications
- Author, "SECURE Act 2.0 Retirement Plan Changes Effective in 2023," Duane Morris Alert, January 12, 2023
- Author, "Department of Labor Publishes Model Notices for American Rescue Plan Act's COBRA Subsidy," Duane Morris Alert, April 7, 2021
- Author, "The American Rescue Plan Act of 2021 Includes a Full COBRA Health Insurance Subsidy," Duane Morris Alert, March 17, 2021
- Author, "CARES Act Compliance Reminders For 401(k) Plans," Law360, September 30, 2020
- Author, "What to Know About the New Extended Benefit Deadlines," BenefitsPRO, May 11, 2020
- Author, "New Benefits Regulation in Response to COVID-19 Extends Timelines, Including Those Applicable to COBRA," Duane Morris Alert, May 5, 2020
- Author, "CARES Act Changes to Retirement Plans and Executive Compensation," Duane Morris Alert, March 27, 2020
- Author, "Employers Can Make Tax-Free Payments to Employees Under IRS Section 139 During COVID-19 Pandemic," Duane Morris Alert, March 18, 2020
- Co-author, "Employee Benefits in the Time of COVID-19," Duane Morris Alert, March 16, 2020
- Co-author, "SCOTUS to Determine Constitutionality of Affordable Care Act Following Change to Individual Mandate,"Duane Morris Alert, March 5, 2020
Author, "Federal Judge Finds ACA Unconstitutional After Individual Mandate Struck Down Via Tax Cuts and Jobs Act," Duane Morris Alert, December 17, 2018
Author, "New Disability Claims Procedure Regulations Take Effect on April 1, 2018," Duane Morris Alert, March 14, 2018
- Contributor, Duane Morris Benefits Law Blog
Author, "Senate Passes Tax Cuts and Jobs Act with Changes in Employee Benefits," Duane Morris Alert, December 4, 2017
- Author, "Impact of the Tax Cuts and Jobs Act on Employee Benefits," Duane Morris Alert, November 6, 2017
Author, "President Takes Key Steps to Reduce Impact of Affordable Care Act," Duane Morris Alert, October 16, 2017
- Author, "Senate Releases Discussion Draft of Health Care Reform Legislation," Duane Morris Alert, June 23, 2017
- Author, "House Passes the American Health Care Act to Repeal and Replace Affordable Care Act," Duane Morris Alert, May 5, 2017
- Author, "House Republicans Take Initial Step to Repeal and Replace the Affordable Care Act with the American Health Care Act," Duane Morris Alert, March 7, 2017
- Author, "Third Circuit Rules That Plan Must Give Notice of Limitations Period," Duane Morris Alert, August 27, 2015
- Author, "Considerations for Employers in Light of Supreme Court's Ruling Requiring All States to Recognize Same-Sex Marriage," Duane Morris Alert, June 29, 2015
- Quoted in "Attorneys React To Supreme Court's ACA Save," Law360, June 25, 2015
- Author, "Supreme Court Upholds Availability of Tax Credits Under Affordable Care Act for Coverage Purchased Through Federal Exchange," Duane Morris Alert, June 25, 2015
- Quoted in "The Takeaway: Feds Eye New Rule for Workplace Wearables," CIO, June 19, 2015
- Author, "U.S. Supreme Court Issues Ruling on Duty of Prudence for Investment Options Made Available Under 401(k) Plan," Duane Morris Alert, May 26, 2015
- Co-author, "Warming Up To EEOC Rules On Workplace Wellness Programs," Law360, April 20, 2015
- Co-author, "EEOC Proposed Rule Would Amend Regulations and Interpretive Guidance Implementing Title I of ADA Related to Employer Wellness Program," Duane Morris Alert, April 17, 2015
- Author, "U.S. Supreme Court Rules for Employer in Retiree Medical Benefits Case," Duane Morris Alert, January 27, 2015
- Author, "Supreme Court Strikes Down ACA Contraception Mandate for Certain Employers," Duane Morris Alert, July 1, 2014
Co-author, "Federal Judge Strikes Down Pennsylvania Same-Sex Marriage Ban, Resulting in Significant Impact on Employee Benefit Plans," Duane Morris Alert, May 21, 2014
- Co-author, "New COBRA Notices May Require Document Updates," Duane Morris Alert, May 14, 2014
- Author, "Significant New Transition Relief Set Forth in Final ACA Shared Responsibility Regulations," Duane Morris Alert, February 12, 2014
- Author, "IRS Publishes Post-Windsor Guidance in Notice 2014-1," Duane Morris Alert, December 20, 2013
- Co-author, "IRS Guidance Addresses Federal Tax Impact for Employers in Light of Supreme Court Ruling in U.S. v. Windsor," Duane Morris Alert, September 3, 2013
- Author, "IRS Publishes Notice Providing Transition Relief in Response to ACA Delay," Duane Morris Alert, July 10, 2013
- Author, "Obama Administration Delays ACA Employer Reporting and Penalties for 2014," Duane Morris Alert, July 3, 2013
- Co-author, "Final HIPAA Wellness Program Regulations Issued Under Affordable Care Act," Duane Morris Alert, June 7, 2013
- Co-author, "Year-End Deadline Approaching for Code Section 409A Corrections," Duane Morris Alert, November 30, 2012
- Author, "Employee-Assistance Programs Available to Employers in the Wake of Hurricane Sandy," Duane Morris Alert, November 2, 2012
- Co-author, "What Are the Implications for Employers of the Supreme Court Decision Upholding the Patient Protection and Affordable Care Act?" Duane Morris Alert, June 28, 2012
- Co-author, "Health Care Reform—A Practical Checklist," Society for Human Resource Management Legal Report, September 2010
- Co-author, "One Month After Healthcare-Reform Legislation: Update on the New Regulatory Guidance," Duane Morris Alert, May 11, 2010
- Co-author, "Reimbursement Requests for Early Retiree Reinsurance Program May Exceed Funding," Duane Morris Alert, May 10, 2010
- Co-author, "IRS Publishes Guidance on Healthcare Reform Changes to Form W-2," Duane Morris Alert, April 1, 2011
- Co-author, "Continuing Extension Act Lengthens COBRA Subsidy Period Again," Duane Morris Alert, April 30, 2010
- Co-author, "Healthcare Reform: What Is the Impact on Employers?," Duane Morris Alert, March 29, 2010
- Co-author, "COBRA Subsidy Extended Once Again," Duane Morris Alert, March 4, 2010
- Co-author, "COBRA Premium Subsidy Extended," Duane Morris Alert, December 23, 2009
- Co-author, "Midyear Reduction or Suspension of an Employer's 401(k) Contributions — A Practical Guide," Society for Human Resource Management, September 8, 2009
- Co-author, "Stimulus Bill Includes Significant COBRA Changes," Duane Morris Alert, February 20, 2009
- Co-author, "Bailout Legislation Extends Tax-Free IRA Distributions to Charities Through 2009," Duane Morris Alert, October 27, 2008
- Co-author, "Bailout Legislation Contains Key Mental Health Parity and Addiction Equity Act," Duane Morris Alert, October 9, 2008
- Co-author, "Section 409A Compliance Deadline Fast Approaching," Duane Morris Alert, September 29, 2008
- Co-author, "IRS Extends Section 409A Transition Relief to December 31, 2008," Duane Morris Alert, October 24, 2007
- Co-author, "Final IRS 409A Regulations on Deferred Compensation Issued," Duane Morris Alert, April 19, 2007
Selected Speaking Engagements
- Speaker, "Employee Benefits," Duane Morris LLP, September 27, 2023
- Speaker, "State of the Workplace in 2021: Reopening in a Partially Vaccinated Environment and the New Administration," Duane Morris LLP, Webinar, May 19, 2021
- Speaker, "COVID-19 Employee Benefits and Executive Compensation Compliance," The New Reality of Workplace Law and Practice in the COVID-19 Era, Duane Morris LLP, Webinar, November 10, 2020
- Speaker, "CARES Act Webinar: Latest Developments and Insights," Duane Morris Institute (DMi), Webinar, April 3, 2020
Speaker, "Fiduciary Duties for Retirement Plans," Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 7, 2019
- Speaker, Duane Morris' Developments in Workplace Law and Practice, New York, May 4, 2017
- Speaker, Duane Morris' Developments in Workplace Law and Practice, Philadelphia, May 3, 2017
- Speaker, Duane Morris' Developments in Workplace Law and Practice 2015, Philadelphia, May 14, 2015
- Speaker, Duane Morris' Developments in Workplace Law and Practice 2015, New York, May 5, 2015
- Speaker, Duane Morris' Developments in Workplace Law and Practice 2014, Philadelphia, May 8, 2014
- Speaker, Duane Morris' Developments in Workplace Law and Practice 2013, Philadelphia, May 23, 2013