Douglas A. Smith

Partner

Fax: 404.873.8797
Atlanta
171 17th Street NW
Suite 2100
Atlanta, Georgia 30363

Biography

Doug is partner in the Employee Benefits & Executive Compensation practice. He is also a member of the Tax and Corporate & Finance practices.

Doug focuses his practice on ERISA, employee benefits and executive compensation. He advises and assists clients with respect to the design, preparation, communication, administration, interpretation, amendment, correction and termination of qualified and nonqualified retirement plans, health and welfare plans, and executive compensation plans and agreements.

Doug has extensive experience handling ERISA, employee benefits and executive compensation aspects of business mergers, acquisitions, divestitures, and financial transactions, including drafting and negotiation of benefits representations, covenants and warranties; due diligence; and problem resolutions. In addition, he has particularly broad experience in the design, drafting and tax analysis of executive compensation arrangements, including nonqualified deferred compensation, long-term incentive compensation and equity-based compensation.

Experience

    • Assists industry leader national Fortune 100 company with respect to employee benefits and executive compensation aspects of its domestic mergers and acquisitions.
    • Counsels and assists top 5 private Atlanta company with respect to non-qualified deferred compensation and other benefits-related matters.
    • Counseled fiber-optics bandwidth infrastructure services provider, with respect to employee benefits/executive compensation matters, in connection with its $220 million sale to private equity firm.
    • Advised regional bank in connection with $45 million credit facility to steel manufacturing company, related to the purchase of the company by an employee stock ownership plan (an ESOP).
  • Advised and assisted national energy distribution company with self-correction under the Internal Revenue Service’s Employee Plans Compliance Resolution System (EPCRS) of an operational failure of its 401(k) plan.

  • Advised and assisted e-Commerce company with self-correction under the Internal Revenue Service’s Employee Plans Compliance Resolution System (EPCRS) of an operational failure of its 401(k) plan.

  • Counseled mid-size companies in complying with plan design and operational issues stemming from the Affordable Care Act (ACA).

  • Assisted healthcare client with redesign and drafting of amended and restated phantom stock plan and plan award-related documents.

  • Counseled First Capital in connection with $7.5 million multi-facility loan to Gardner Glass Products, Inc., and its affiliates, with respect to matters related to the ownership of the company by an employee stock ownership plan (an ESOP). Gardner Glass is a glass and mirror manufacturing company based in North Carolina.

  • Advised a publicly traded REIT, with respect to employee benefits matters, in connection with a $1.125 billion acquisition and restructuring of a senior housing provider that operated 96 senior-living communities as well as pharmacies in the Midwest.

Credentials

  • University of Florida College of Law, Master of Laws - Taxation
    • Florida Tax Review
  • University of Florida College of Law, Juris Doctor,
    with Honors
    • Order of the Coif
    • Florida Law Review
  • University of Florida, Master of Accounting
  • University of Florida, Bachelor of Science,
    with High Honors
  • State of Georgia 1994
  • State of Florida 1989
    • Southeast Benefits Education Network (f/k/a Southern Employee Benefits Conference)
      • Member of Membership and Marketing Committee
    • TE/GE Council—Gulf Coast Area

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