Region Area

Lawyers

David Schiller

David Schiller

Baker Botts L.L.P., United States

Work Department

Tax / Executive Compensation & Benefits

Position

Special Counsel

Career

David I. Schiller is in the Employee Benefits and Executive Compensation Practice Group and a resident of the Dallas office. He is a 1983 graduate of Stanford Law School with high honors, where he served on the Stanford Law Review, and has a Bachelor of Arts in political philosophy from Cornell University honors program, graduating summa cum laude in 1980.

Mr. Schiller’s Executive Compensation practice runs the full gamut of tax, ERISA, accounting, stock exchange, proxy advisor, corporate and securities law aspects of equity compensation (public and private); nonqualified deferred compensation; SERPs; executive employment agreements, golden parachutes and other change in control arrangements; severance, confidentiality, noncompete contracts; performance bonus and incentive plans; director’s pay; rabbi trusts; split dollar life insurance; excess benefit and top hat plans; and the like.

His experience also includes extensive transactional work on employee benefit related areas of mergers, acquisitions, IPOs, credit agreements, plan assets and private placements.

Mr. Schiller’s employee benefits experience includes representation of clients concerning pension, 401 (k), profit-sharing plans and ESOPs, including various discrimination, plan investment, fiduciary duty, prohibited transaction, plan design, accrued benefit, PBGC, plan termination and collective bargaining issues. In addition, Mr. Schiller represents boards of trustees for numerous multiemployer pension, health and apprenticeship plans. He has also done considerable work concerning bankruptcy-related employee benefit matters, as well as extensive litigation and controversy work.

Mr. Schiller also frequently counsels on welfare plan issues involving the Affordable Care Act, HIPAA, managed care, subrogation, health plans, workers compensation, COBRA, FMLA, EEOC, retiree medical liabilities, cafeteria plans, life and disability insurance and severance pay.

Memberships

State Bar of Texas

United States Court of Appeals for the Fifth Circuit

United States District Court for the Northern District of Texas

Education

J.D., Stanford University 1983

B.A., Cornell University 1980

Personal

Publications Mr. Schiller has spoken at many employee benefit conferences and has authored numerous articles on the Employee Benefits field, including publications regarding pension coverage and nondiscrimination rules, published at various ALI-ABA Seminars and Prentice-Hall Law & Business Conferences; author of an article entitled “Health Plan Discrimination -- Living with the ‘New’ Old Rules,” published in the Benefits Law Journal; author of “ERISA Litigation,” published with the University of Houston Employment Law Seminar; author of a paper on fiduciary liability delivered at various investment management seminars; author of an article on Managed Health Care, presented at the Employers Council on Flexible Compensation seminar; and author of Benefit Issues In Forming Joint Ventures,” published at various ALI-ABA Seminars.

Mr. Schiller is a member of the American Bar Association, Taxation Committee, Section on Benefits, Subcommittee on Retiree Health, VEBAs and Other Funding Vehicles. His entry on behalf of a client was the recipient of the International Foundation of Employee Benefit Plans “Creative Excellence in Benefits Award,” for work done on retiree medical issues.