Damarr Butler assists clients in defending complex ERISA (Employee Retirement Income Security Act) litigation matters involving single and multiemployer plans. He also advises clients on complex benefits matters in connection with corporate restructurings, acquisitions, dispositions, and mergers and in the administration and compliance of employee benefit plans with the Internal Revenue Code and ERISA.
Damarr's ERISA career began at the Pension Benefit Guaranty Corporation (PBGC), where he represented the PBGC in federal bankruptcy, state insolvency/receivership, transactional, and litigation matters. He also regularly defended the agency regarding its Early Warning Program, reportable events, and distress and standard termination proceedings.
Prior to joining Jones Day in 2023, Damarr was an associate general counsel at Edward D. Jones & Co., where he advised the firm in legal and regulatory matters related to all facets of its retirement business, including ERISA and non-ERISA employer retirement plans as well as retail products such as IRAs (individual retirement accounts), Roth IRAs, SEPs (simplified employee pension plans), and SIMPLE (savings incentive match plan for employees) accounts. Damarr also practiced at an international law firm in its Washington, D.C. office, where he represented retirement and welfare plan sponsors, fiduciaries, and service providers in all phases of ERISA litigation, compliance, and regulatory investigations.
In addition, Damarr previously served as Special Assistant United States Attorney for the District of Columbia, representing the United States and its departments and agencies and federal government officials in civil litigation.
Damarr is actively involved with various benefits and tax committees of the American Bar Association (ABA).
Experience
Additional Publications
Publications Prior to Jones Day
A Most Unusual Case PBGC v. 50509 Marine LLC, 29 No. 1 ERISA Litig. Rep. NL 3 (February 2021)
Plastic Surgery Center v. Aetna: A Promise is a Promise, Even from a Plan Administrator, 28 No. 3 ERISA Litig. Rep. NL 1 (September 2020)
Pension Benefit Guaranty Corporation Who, American Bar Association, Young Lawyers Division, The 101 Practice Series (2018)
A Window into PBGC's Practice: Current Issues and Trends (April 2017 and 2018)
Employee Benefits Law, Chapter 9, Plan Insurance and Plan Termination (Cum. Supp.) (2015)
ERISA Cases to Keep an Eye on in 2022, Law360 (January 2022)
Benefits Cases to Watch in the 2nd Half of 2022, Law360 (June 2022)
Saint Constance Fixes the Unfixable as Patron of Lost Pensions, Bloomberg Law (April 2019)
Additional Speaking Engagements
November 2018
Searching for Missing Plan Participants and Defining the Appropriate Duty of Care Sufficient to Satisfy DOL Standards, American Conference Institute 16th National Forum on ERISA Litigation, New York, New York
April 2018
Top Five Benefit Issues for Employment Attorneys (ERISA Requirements in M&A Transactions), National Employment Law Conference 23rd Annual Conference, New Orleans, Louisiana
August 2017
Working with Employers on ERISA Reporting and Compliance Requirements, American Bar Association, Section of Real Property, Trust and Estate Law
February 2017
Missing Participants and State Escheat Laws, American Bar Association, Section of Labor and Employment Law, Employee Benefits Committee Mid-Winter Meeting, Austin, Texas
February 2015
Dealing with PBGC Liabilities, American Bar Association, Section of Labor and Employment Law, Employee Benefits Committee Mid-Winter Meeting, Coronado, California
January 2015
Protection of IRA & Qualified Plan Assets after Clark v. Rameker, American Bar Association, Joint Committee on Employee Benefits
February 2014
Litigating Against the PBGC, American Bar Association, Section of Labor and Employment Law, Employee Benefits Committee Mid-Winter Meeting, New Orleans, Louisiana
- Georgetown University (LL.M. in Taxation 2017, with a Certificate in Employee Benefits); Howard University (J.D. 2008; Recipient, Merit Scholarship); Jackson State University (B.S. in Criminal Justice magna cum laude 2002)
- Maryland and District of Columbia
- Attorney, Pension Benefit Guaranty Corporation (2008-2019); Special Assistant United States Attorney, Civil Division, U.S. Attorney's Office, District of Columbia (October 2011-April 2012); Law Clerk, National Labor Relations Board (Summer 2007)
Member, Law360 Benefits Editorial Advisory Board (2020-present)
Recipient, The National Black Lawyers' Top 100 Lawyers in D.C. (2020)
Government Fellow, American Bar Association, Section of Labor and Employment Law, Employee Benefits Committee (2013-2015)
Holds ABA leadership positions, including, co-chair of the Section of Real Property, Trust and Estate Law: Employee Benefit Plans and Other Compensation Arrangements: Fiduciary Responsibility, Administration and Litigation Committee