Daniel M. McClain

Associate

Cleveland
T +1.216.861.7101
F +1.216.696.0740

Overview

Dan McClain handles all areas of employee benefits law, including matters related to qualified and non-qualified retirement plans, health and welfare plans, executive compensation and Employee Retirement Income Security Act (ERISA) and tax compliance. He advises clients on the employee benefits and executive compensation aspects of mergers and acquisitions. Dan also has experience counseling public and private companies with respect to the design, drafting and operation of equity and incentive compensation programs, employment agreements, severance agreements and other executive compensation arrangements. He works to find practical, cost-effective and creative solutions to the problems and challenges that employers face.

Select Experience

  • Regularly provides counsel and advice on the employee benefits and executive compensation aspects of corporate transactions, including the review and negotiation of purchase and merger agreements, coordinating with clients’ corporate counsel and underwriters regarding due diligence, and counseling clients on reporting obligations and through integration activities.
  • For many employers, provides advice on the design, implementation, maintenance, operation and termination of equity-based and other incentive compensation programs — such as stock option, restricted stock, restricted stock unit and phantom stock — and the treatment of these plans in corporate acquisitions and dispositions.
  • Advises employers on the tax and other regulatory issues relating to employee benefits and executive compensation (e.g., Internal Revenue Code Sections 280G, 162(m) and 409A).
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Experience

  • Regularly provides counsel and advice on the employee benefits and executive compensation aspects of corporate transactions, including the review and negotiation of purchase and merger agreements, coordinating with clients’ corporate counsel and underwriters regarding due diligence. and counseling clients on reporting obligations and through integration activities.
  • For many employers, provides advice on the design, implementation, maintenance, operation and termination of equity-based and other incentive compensation programs — such as stock option, restricted stock, restricted stock unit and phantom stock — and the treatment of these plans in corporate acquisitions and dispositions.
  • Advises employers on the tax and other regulatory issues relating to employee benefits and executive compensation (e.g., Internal Revenue Code Sections 280G, 162(m) and 409A).
  • Drafts and negotiates executive employment agreements and severance agreements for employers and executives.
  • Advises plan committees, trustees and investment advisors regarding their fiduciary obligations under ERISA and assists employers in developing a benefit plan governance structure that streamlines administration process and mitigates potential fiduciary exposure.
  • Has experience with withdrawal liability matters involving multiemployer pension plans and has counseled employers on withdrawing from such plans, as well as on arbitrating or litigating over withdrawal liability issues.
  • Assists employers in complying with requirements under healthcare laws, the Consolidated Omnibus Budget Reconciliation Act, the Health Insurance Portability and Accountability Act.
  • Assists and advises clients in the negotiations of employee benefits matters before various governmental agencies, including the IRS and Department of Labor.

Recognitions and Memberships

Memberships

  • Cleveland Metropolitan Bar Association: Golf Committee Chair
  • Worldwide Employee Benefits (WEB Network, Cleveland Chapter)
  • American Bar Association
  • Notre Dame Club of Cleveland

Community

  • Adoption Network Cleveland: Board of Directors
  • Legal Aid Society of Cleveland: Partner in Justice
  • St. Ignatius Arrupe Neighborhood Partnership Program

Pro Bono

  • Represented a veteran in a denial of benefits case before the U.S. Court of Appeals for Veterans Claims.
  • Participated in Legal Aid Brief Advice Clinic.

Admissions

  • U.S. District Court, Northern District of Ohio
  • Ohio

Education

  • J.D., Notre Dame Law School, 2012; magna cum laude; Notes and Submission Editor, Notre Dame Law Review
  • B.S., Miami University, 2009, magna cum laude