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Mark A. Lotito, Ph.D.

Senior Counsel

Overview

Mark assists clients in a range of employee benefits matters, including legal compliance, transaction due diligence, and executive compensation. He brings a multifaceted, big picture outlook to helping clients unravel the challenges of complex benefits-related problems. He has also established a strong track record in achieving successful outcomes for clients confronted by employee benefits litigation and arbitration claims.

Mark’s practice focus includes:

  • Plan compliance under the Internal Revenue Code and ERISA
  • Handling the employee benefits aspects of mergers and acquisitions
  • Drafting qualified and non-qualified employee benefit plans
  • Drafting executive incentive arrangements
  • 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
  • Affordable Care Act (ACA) compliance
  • Resolving both IRS and Department of Labor audits of qualified retirement plans

Experience

Notable examples Mark’s representations include:

  • Counseling multiple buyer-side and seller-side corporate clients on employee benefits transaction due diligence
  • Resolving an IRS audit of a financial services client’s retirement plan
  • Successfully 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
  • Obtaining IRS correction approval of qualified retirement plan compliance failures for multiple companies  
     

Professional Activities

  • Chair, Employee Benefits Section, Milwaukee Bar Association
  • Member, American Bar Association

Education

Bar Admission

Court Admissions

Language

Education

Bar Admission

Court Admissions

Language

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