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Tiffany Downs
OVERVIEW

Tiffany Downs

Partner

Atlanta

3340 Peachtree Rd NE
Suite 2900
Atlanta, GA 30326-1092

P 404-760-5821

F 404-264-4033

Tiffany Downs advises employers on a wide range of employee benefits and executive compensation matters. She offers guidance on the design, implementation, and administration of health and welfare plans, retirement plans (both qualified and non-qualified), and executive compensation structures. She communicates with clients in a clear and understandable manner and provides sophisticated regulatory guidance.

OVERVIEW

Tiffany Downs advises employers on a wide range of employee benefits and executive compensation matters. She offers guidance on the design, implementation, and administration of health and welfare plans, retirement plans (both qualified and non-qualified), and executive compensation structures. She communicates with clients in a clear and understandable manner and provides sophisticated regulatory guidance.

Her work also includes advising on due diligence for employment matters related to mergers and acquisitions and supporting clients through post-transaction integration and transition processes.

With a strong focus on helping clients meet their goals, Tiffany guides employers through complex requirements under the Employee Retirement Income Security Act (ERISA), the Affordable Care Act, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Consolidated Omnibus Budget Reconciliation Act (COBRA), privacy laws, and the Internal Revenue Code. She assists in ensuring compliance with employee benefit plans and incentive compensation structures, as well as guiding employers through Internal Revenue Service and Department of Labor (DOL) audits and correction programs.

Her work also includes defending plan sponsors, administrators, fiduciaries, and third-party administrators in ERISA-related litigation, including claims for benefits, breaches of fiduciary duty, and equitable relief and discrimination.

Tiffany writes on timely legal topics and is a frequent speaker on compliance issues related to ACA, COBRA, HIPAA, and ERISA. She has given over 100 presentations on the Affordable Care Act, helping employers navigate ACA compliance, particularly regarding the employer shared responsibility provisions and workforce planning.

Tiffany worked for the U.S. Department of Labor Employee Benefits Security Administration prior to entering private practice

Professional & Community Involvement

Member, American Bar Association Employee Benefits Committee

Member, State Bar of Georgia Employee Benefits Section

Member, Atlanta Bar Association

Member, Federal Bar Association

Member, Southern Employee Benefits Conference

Member, SHRM Atlanta

Member, Worldwide Employee Benefits Network

Member, U.S. Chamber of Commerce Employee Benefits Committee

Adjunct professor, John Marshall School of Law

Honors

Profiles in Diversity Journal's Women Worth Watching, 2016
EXPERIENCE
Experience
  • Assisted publicly traded company with due diligence and post transaction integration for large acquisition.
  • Assisted new publicly traded company with stock option plans.
  • Assisted publicly traded spinoff company with design and implementation of all employee benefit plans.
  • Assisted numerous multinational companies with compensation, equity compensation and incentive plans.
  • Advised on consequences of HIPAA breach, and assisting client with reporting obligations and mitigation efforts for over 100 data breaches.
  • Assisted company with HIPAA and data privacy obligations in connection with data breach.
  • Assisted two publicly traded companies with benefits due diligence and post-transaction integration in connection with a merger.
  • Assisted employers in all industries with analysis and impact under Affordable Care Act and shared responsibility provisions, including classification of employees, racking of hours and employer reporting.
  • Assisted employers in union negotiations with ACA compliance and excise and tax considerations.
  • Assisted plan administrators and service providers with DOL and IRS examinations.
  • Assisted plan fiduciaries with ERISA fiduciary training and review of service provider contracts and fees.
  • Assisted plan sponsors with HIPAA training and compliance.
  • Assisted plan fiduciaries with determination program of the IRS and correction programs of DOL and IRS.
  • Assisted plan administrator with settlement of penalty assessments by the DOL.
  • Obtained dismissal of Supreme Court writ of certiorari petition in an ERISA breach of fiduciary duty claim for one million dollars.
  • Obtained numerous summary judgments in favor of plan fiduciaries on claims for breach of fiduciary duty, benefits and penalties under ERISA.
  • Drafted and amended welfare and retirement plan documents and cafeteria plan documents, incentive plans and equity compensation plans.
INSIGHTS AND EVENTS
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