David W. Barby


David W. Barby retired from Latham & Watkins in 2011. Prior to his retirement, Mr. Barby was resident in the firm's Orange County office, and practiced with the firm for 27 years. His practice focused on employee benefit and executive compensation matters. Mr. Barby joined the Orange County office in 1988. Prior to 1988, Mr. Barby was a member of the firm's Los Angeles office. In addition, Mr. Barby was involved in various aspects of the firm's national practice.

Mr. Barby's practice included the following matters:

  • Qualified retirement plans, including pension and 401(k) plans, and advice regarding plan mergers, "spinoffs," and terminations;
  • Welfare benefit plans, including ERISA and tax advice relating to supplemental medical plans, severance plans and VEBAs;
  • Executive compensation, including nonqualified deferred compensation plans, SERPs, excess benefit plans, stock option and other equity-based plans, incentive compensation plans, and "rabbi" trusts;
  • Employment agreements, including "golden parachute” agreements and severance agreements;
  • ESOPs, including leveraged ESOP issues, ESOP financing, "KSOPs," and advice relating to ESOP administration in connection with corporate transactions;
  • ERISA compliance, including advice regarding reporting and disclosure requirements, and fiduciary responsibility, prohibited transaction, and plan investment issues;
  • Cafeteria plans, including pre-tax premium plans and flexible spending account plans;
  • ERISA litigation, including benefit claims and breach of fiduciary duty litigation;
  • Corporate transactions, including ERISA due diligence, and plan related issues in connection with acquisitions, dispositions, and mergers; and
  • Multiemployer plans, including advice regarding withdrawal liability assessments and review procedures.

Mr. Barby was recognized as one of the top Employee and Benefits Compensation attorneys in California in 2009 by Chambers and Partners US. He was also an Associate of the Society of Actuaries, and formerly practiced as an actuary. He is a former President of the Western Pension and Benefits Conference, Orange County Chapter. Mr. Barby speaks publicly on various employee benefit and executive compensation matters.

  • Bar Qualification
    • California
    • JD, University of Pennsylvania Law School, 1984
      Law Review
    • MBA, Wharton School, University of Pennsylvania, 1984
    • BS, Wharton School, University of Pennsylvania, 1978
      magna cum laude
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