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Mark A. Lotito, Ph.D.

Senior Counsel


Mark assists clients in a range of employee benefits matters, including legal compliance, transaction due diligence, and litigation. He brings a multifaceted, big picture outlook to helping clients unravel the challenges of complex benefits-related problems.

He has established a strong track record in achieving successful outcomes for clients confronted by employee benefits litigation and arbitration claims. Mark has also successfully litigated patent and trade secret litigation claims, as well as employment non-compete claims.

Mark’s practice focus includes:

  • Plan compliance under the Internal Revenue Code and ERISA
  • Drafting qualified and non-qualified employee benefit plans
  • Preparing participant communications such as summary plan descriptions
  • Correcting plan failures in accordance with IRS Employee Plans Compliance Resolution System (EPCRS) procedures
  • Addressing multiemployer plan and withdrawal liability issues
  • Analyzing worker classification and plan eligibility
  • Preparing for Affordable Care Act (ACA) compliance
  • Resolving both IRS and Department of Labor audits of qualified retirement plans
  • Handling the employee benefits aspects of mergers and acquisitions


Notable examples Mark’s representations include:

  • Resolving an IRS audit of a financial services client’s retirement plan
  • Defending a retirement plan services company against multi-party litigation claims regarding the administration of retirement plan tax compliance
  • Successfully resolving a U.S. Department of Labor investigation into a mechanical contracting client’s retirement plan
  • Advising a manufacturing client on an internal benefits consolidation involving the merger of controlled group retirement plans
  • Successfully resolving the arbitration of a union pension plan liability matter on behalf of a food processing company client
  • Counseling multiple buyer-side and seller-side corporate clients on employee benefits transaction due diligence
  • Obtaining IRS correction approval of qualified retirement plan compliance failures for multiple companies  

Professional Activities

  • Member, American Bar Association




Community Involvement

  • Member, Milwaukee Art Museum
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