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Brian W. Berglund

Brian W. Berglund

Of Counsel

Denver/St. Louis

T: +1 303 866 0264

T: +1 314 259 2445

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Biography

Brian Berglund has counseled clients for over 30 years in the employee benefits, executive compensation, captive insurance and tax areas. Recent client engagements include the following:

  • Representation of an employer in connection with the contribution of real property to a defined benefit pension plan
  • Representation of a board of trustees in connection with the establishment of a group life and health insurance program and captive insurance arrangement covering 1,400 employers who are members of the same trade association
  • Representation of health care benefit manager in connection with the establishment of a stop loss health insurance product providing for a guarantee of pharmacy spend, including the formation of a captive insurance company and negotiation of reinsurance treaty with fronting carrier
  • Representation of a global employer in connection with the establishment of a phantom equity arrangement (based on business unit performance) in multiple countries

Civic involvement & honors

American College of Employee Benefits Counsel – Fellow

Best Lawyers in America (Employee Benefits, Corporate Law, and Mergers & Acquisitions Law)

Missouri Super Lawyers (Employee Benefits)

Director, Delta Dental of Missouri (Chair of Compensation Committee)

Adjunct Professor of Law, Washington University Graduate Tax Program (1992-1996)

Admissions

  • Colorado, 2014
  • Missouri, 1981
  • United States Tax Court

Education

Washington University, J.D., Order of the Coif, 1981

Carleton College, B.A., Mathematics, magna cum laude, Phi Beta Kappa, 1978

Related capabilities

  • Employee Benefits & Executive Compensation

  • Insurance: Corporate & Transactional

  • Corporate

  • Employment & Labor

  • Investigations

  • Litigation & Dispute Resolution

  • Regulation, Compliance & Advisory

  • Insurance & Reinsurance

  • Insurance (Class Actions)

  • Higher Education

  • Insurance Regulatory

  • InsureTech

  • Real Estate

  • Tax & Private Client

  • Plan Design & Implementation

  • Plan Administration & Fiduciary Issues

  • Welfare Plans

  • Interdisciplinary Privacy/HIPAA Practice

  • Practice Before Government Agencies

  • ERISA & Employee Benefits Litigation

  • International Pensions & Benefits Practice

  • Non Profit Organizations

  • Tax Risk Management and Disputes

  • Real Estate Tax

  • Executive & Deferred Compensation

  • Cross-border Employment Issues

  • Corporate tax

  • Association Health Plan Practice

  • Pensions

  • Share Plans & Incentives

Resources

Publications

  • Co-author, "Association Health Plans," Lexis Practice Advisor, December 2018
  • Section 409A: Answers to 200 Frequently Asked Questions, American Bar Association, 2013
  • "409A: The 100 Most Frequently Asked Questions," Published by ALI-ABA, October 2010
  • "Correcting 409A Violations to Minimize Deferred Compensation Taxes: Not Just for Benefit Lawyers," St. Louis Bar Journal, Winter 2009
  • "Taxation of Qualified Plan Distributions and Required Minimum Distributions," ALI-ABA Business Law Course Materials Journal, August 2007
  • "Securities Law Issues Relating to Employee Benefit Plans," Thomson-West Corporate Counsel’s Guide to Nonqualified Deferred Compensation Agreements, September 2006
  • "Employee Benefit Aspects of the Sarbanes-Oxley Act of 2002," Thomson-West Corporate Counsel’s Guide to Nonqualified Deferred Compensation Agreements, September 2006
  • "The Blackout Rules Under the Sarbanes-Oxley Act of 2002," Employment Law Counselor, Sept. 15, 2004
  • "Prohibition of Insider Loans Under Sarbanes-Oxley," Employment Law Counselor, Sept. 15, 2004

Speaking engagements

  • “How Much is Too Much? Notice and Notification Requirements under the ACA,” The John Marshall Law School 12th Annual Employee Benefits Symposium, Chicago, Illinois, April 4, 2014
  • “Health Care Reform – What it Means to Large Employers,” Sponsored by The Design Professionals Coalition, The American Club, Kohler, Wisconsin, August 17, 2013
  • “Group Medical Captives – Theory and Practice,” Strategic Risk Solutions Webinar, June 5, 2013
  • “Taxation of Qualified Plan Distributions and Required Minimum Distributions,” “Securities Law Issues in Employee Benefits,” “Nondiscrimination and Permitted Disparity,” and “401(k) Plans,” ALI-ABA Fundamentals of Employee Benefits Law Program, Washington Marriott Metro Center, Washington, D.C., May 16-18, 2012
  • “Protecting Fiduciaries From Madness and Other Liability – In March and All Through the Year,” Sponsored by the Employee Benefits Association of St. Louis, March 15, 2012
  • “Wellness Programs,” Sponsored by the Louisville Employee Benefits Association, March 13, 2012
  • “Taxation Issues Associated with Captive Insurance: The Primary Issues Associated with Employee Benefits Reinsured through Captives,” World Captive Forum, Miami, Florida, February 1, 2012
  • "Ethics in the Practice of Benefits Law," Sponsored by the Bar Association of Metropolitan St. Louis, St. Louis, Missouri, June 9, 2011
  • "Nondiscrimination and Permitted Disparity," Fundamentals of Employee Benefits Course Sponsored by ALI-ABA, Philadelphia, Pennsylvania, April 6-8, 2011
  • "Taxation of Distributions and Required Minimum Distributions," Fundamentals of Employee Benefits Course Sponsored by ALI-ABA, Philadelphia, Pennsylvania, April 6-8, 2011
  • "Introduction to Health Care Reform: The Patient Protection and Affordable Care Act," Fundamentals of Employee Benefits Course Sponsored by ALI-ABA, Philadelphia, Pennsylvania, April 6-8, 2011
  • "Section 401(K) Plans," Fundamentals of Employee Benefits Course Sponsored by ALI-ABA, Philadelphia, Pennsylvania, April 6-8, 2011
  • "Guidance on Avoiding and Fixing Scrivener's Errors in Drafting Plans: Fiduciary Issues, Tax Compliance Problems & Benefit Claims," presented to the American Conference Institute (ACI) in New York on May 24-25, 2010
  • "The Genetic Information Nondiscrimination Act ("GINA")," presented to the St. Louis Area Business Health Coalition on February 9, 2010
  • "Section 409A Correction Program," Sponsored by the Bar Association of Metropolitan St. Louis, March 12, 2009