Partner

Dan Brice’s practice focuses on employee benefits, employment and labor law. Dan represents benefit funds in complex ERISA litigation and counsels sponsors of multiemployer and single-employer plans, companies, tax-exempt entities and executives on all matters of ERISA and employee benefits. Dan advises on the design, operation and qualification of pension and welfare benefit plans including ERISA’s fiduciary standards.

Since the passage of the Patient Protection and Affordable Care Act, Dan has spent a significant amount of time assisting clients navigate the complex requirements of the Act. Dan also regularly analyzes fiduciary liability policies and fidelity bonding for benefit fund clients to ensure compliance with all applicable laws. As counsel to the Boards of Trustees of multiemployer pension and welfare plans, Dan further protects their interests by aggressively negotiating agreements covering the services of actuaries, accountants, third party administrators and insurance consultants.

In his role as representative, Dan assists clients in anticipating and avoiding disputes. However, when a dispute arises, Dan is a zealous advocate. Along those lines, Dan has counseled fiduciaries in U.S. Department of Labor investigations. He has also represented clients in front of the U.S. Department of Health and Human Services, Internal Revenue Service, Pension Benefit Guaranty Corporation, National Labor Relations Board, New York State Public Employment Relations Board, New York State Division of Human Rights, Equal Employment Opportunity Commission, and state and federal courts. No matter the forum, the goal always remains the same – obtain a favorable result for the client.

Away from the office, Dan enjoys spending time with friends and family including his wife and son Liam. During the winter months, he spends a considerable amount of his free time and invests an unhealthy portion of his personal happiness in following the Syracuse University basketball team.

Significant representations:

• Negotiated favorable settlement terms for terminated executive whereby executive received disputed compensation due and owing to him under contract without resorting to litigation.
• Counseled large non-profit employer in best practices related to compliance with the Fair Labor Standards Act.
• Counseled employer and drafted separation agreements resolving potential claims.
• Successful representation of union in front of New York State Division of Human Rights where complainant dropped all charges against union on eve of trial without union having to spend $1 toward settlement.
• Successfully defended benefit fund in obtaining default arbitration award on technicality which provided full relief to the client.
• Successfully represented union in contract action against individuals and obtained full award of attorneys’ fees despite no specific provision allowing for such fees.
• Obtained favorable litigation settlement for individual plaintiff against municipality in a disability discrimination case.

Speaking Engagements:

“Overview of the National Labor Relations Act”, Union Officer and Stewards Training Seminar, March 2010

“Overview of Picketing”, Union Officers and Stewards Training Seminar, March 2010

“Separation Agreements: Breaking Up is Hard to Do!”, Sterling Education Services, Inc., Employment Law Update, January 2009

 Affiliations

American Bar Association; New York State Bar Association; Onondaga County Bar Association; N.D.N.Y. Federal Court Bar Association