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David J. Laurent
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David J. Laurent

Of Counsel

Pittsburgh, PA
 
 
 
  • Withdrawal Liability and ERISA Litigation
    • Represented employers in disputes regarding the use of different interest rates for funding and the assessment of withdrawal liability.
    • Negotiated the settlement of a large claim for withdrawal liability against a religious non-profit entity allegedly in a controlled group with a medical facility that filed for bankruptcy.
    • Assisted several employers secure a reduction of their withdrawal liability based on the 20-year cap and a present value analysis.
    • Counseled many employers regarding withdrawal liability risks and strategies, including the application of the construction industry rules under Section 4203 of ERISA, the sale of assets exception under Section 4204 of ERISA, partial withdrawal liability, and potential joint and several liability under the controlled group rules.
    • Negotiated an agreement with the Central States Fund to confirm the construction industry rules applied to a transaction.
    • Represented many coal companies and related persons regarding their obligations under the Coal Industry Retiree Health Benefit Act (and won a successorship case before the US Supreme Court under this Act).
    • Defended clients in litigation involving a multiemployer trust fund's efforts to audit non-union affiliates and to claim contributions for work performed by the affiliates' employees.
    • Helped family members understand the controlled group and withdrawal liability implications of possible future changes in ownership, acquisitions, and divestitures.
    • Litigated alter ego and control group issues in a "bet the company" withdrawal liability dispute
    • Successfully settled a claim for breach of fiduciary duty regarding retiree medical benefits.
  • Traditional Labor Law
    • Successfully defended a company against NLRB charges that it was a single employer and unlawfully refused to hire the seller’s union members following an acquisition.
    • Negotiated several collective bargaining agreements with the CWA for a telecommunications company with nationwide operations.
    • Won a labor arbitration cases involving a sick pay dispute and a job bidding dispute.
    • Trained supervisors on strategies to remain union free.
    • Negotiated collective bargaining agreements with the Blacksmiths and the Teamstersthat permitted the company to relocate certain work that facilitated keeping the plant open.
    • Represented a steel producer in a proceeding that involved the question of whether an agreement negotiated with the employees before a representative compliment had been hired would block the election and whether certain technical employees could be included in the bargaining unit.
    • Negotiated an effects bargaining agreement with the Operating Engineers as part of the sale of a business.
    • Negotiated multiple collective bargaining agreements and employee transfer arrangements with the CWA and the IBEW arising out of a nationwide telecommunications company's internal reorganization.
    • Negotiated a successor collective bargaining agreement with the Teamsters for a unit of local government.
    • Negotiated a new attendance agreement with the CWA despite a long history of animosity between the parties.
    • Assisted a client with the development and administration of an HRA for a group of unionized employees.
    • Won case filed by multiple employees alleging state-law fraud and contract claims arising from an early retirement program based on federal labor law preemption.
    • Achieved a favorable outcome in an NLRB case filed by the CWA involving alleged discriminatory terminations and unilateral changes.
    • Helped a refractory company negotiate a new union contract needed to keep the plant operating.
    • Represented a copper producer in several charges alleging unlawful unilateral changes and the discriminatory firing of a union president.
    • Negotiated the resolution of several NLRB compliance proceedings.
    • Negotiated an agreement with the Steelworkers pursuant to which the employer withdrew from a multiemployer pension fund during the term of a CBA.
    • Published a paper summarizing the single employer rules under the NLRA and various other federal laws.
  • WARN Act and Employee Separations
    • Counseled several clients through a series of layoffs that required multiple state and federal WARN notices.
    • Counseled a client in financial distress regarding WARN Act obligations and state wage payment issues.
    • Assisted a medical provider with a partial closure and the separation of over 100 employees, some through an early retirement program, and others through the use of retention agreements.
    • Negotiatedseveral complicated separation agreements for senior executives.
    • Assisted with the development and implementation of numerous voluntary exit incentive programs
  • Corporate-Related Work
    • Prepared employment agreements required as conditions to multiple acquisition agreements and addressed related issues under Code Section 409A.
    • Counseled many employers regarding due diligence and the negotiation of asset purchase agreements involving unionized workforces.