DAVID S. FOSTER

After clerking for Judge Archie O. Dawson in the United States District Court for the Southern District of New York, David Foster was an associate with Debevoise & Plimpton in New York City, gaining broad experience, particularly in the area of taxation, including pension and employee benefits and international taxation. David served in the U.S. Treasury Department in Washington, DC, from 1972 to 1977 as the chief Treasury Department spokesman for the pension legislation, which became the Employee Retirement Income Security Act of 1974 (ERISA). Then, as international tax counsel, he was the chief administration spokesman for international tax policy. He received the Exceptional Service Medal from the U.S. Treasury Department in 1977.

Mr. Foster has extensive experience with ERISA and other employee benefits and executive compensation matters, including:

• executive compensation, (stock option, restricted stock, and severance plans and agreements, employment contracts, nonqualified deferred compensation plans, and change in control programs),
• pension plans (profit-sharing, 401(k) and defined benefit pension plans and ESOPs),
• health and welfare benefits, and
• employee benefits issues in connection with corporate transactions.

Presentations

• “San Francisco Health Care Security Ordinance Webinar,” December 21, 2011
• “Health Care Reform,” Breakfast Briefing for Clients and Friends, November 10, 2010
• "Recent Developments Affecting Compensation," Northern California HR Association, October 5, 2010
• "Converting IRAs and 401(k) Accounts to Roth IRAs,” Silicom Ventures, March 18, 2010
• "Stock Option Repricing,” Financial Executives International Roundtable for CFO/Senior Finance Executives of Private/Venture Backed Companies, July 14, 2009
• “Hot Issues & Recent Regulatory Updates,” E*TRADE Directions 2009, Executive Forum on Equity Compensation, May 13, 2009
• “The Retirement Sky is Falling! What Can an Employer Do?” Western Pension & Benefits Conference, April 23, 2009

Publications

• Coauthor, “Remarkable Constitutional Challenges to the Patient Protection and Affordable Care Act,” March 2011 editions of Bender’s Labor and Employment Bulletin (Matthew Bender/Lexis Nexis), Bender’s California Labor & Employment Bulletin, and Emerging Issues Analysis, LexisNexis, and reprinted in Matthew Bender/LexisNexis’s two-volume March 2011 book, Health Care Reform Special Alert and in LexisOne.
• Coauthor, "Constitutional Challenges to Health Care Reform," Law 360, February 7, 2011.
• Coauthor, “Special Alert: New Federal Health Care Reform Legislation—Its Impact on Employers and Employee Benefit Plans,” May 2010 editions of Bender’s Labor and Employment Bulletin (Matthew Bender/Lexis Nexis), Bender’s California Labor & Employment Bulletin, and Emerging Issues Analysis, LexisNexis, and reprinted in Matthew Bender/LexisNexis’s two-volume May 2010 book, Health Care Reform Special Alert and in LexisOne.