KirstinPoirier-Whitley

Partner

(T) + 1.213.243.2380

Kirstin Poirier-Whitley has more than 20 years of experience counseling tax-exempt employers (including hospitals, universities, and local governments) and for-profit employers on tax and fiduciary issues related to the design and administration of employee benefits for employees, executives, and retirees. She provides day-to-day counseling, addresses the benefits-related liability and transition issues that arise in corporate transactions, and helps clients favorably settle compliance issues with government agencies.

Kirstin has extensive experience advising on the myriad regulatory requirements (e.g., Affordable Care Act, HIPAA privacy) impacting clients' health and welfare plans and the tax rules impacting related funding vehicles (e.g., 401(h) accounts, VEBAs). She regularly negotiates health plan service agreements with third-party administrators and network providers and counsels on developing areas such as telemedicine and the design of consumer driven health care plans. Kirstin has extensive experience advising plan sponsors and fiduciary committees on tax and fiduciary issues related to retirement plans (e.g., cash balance, pension, 401(k), 403(b), and 457(b) plans), including advising on emerging issues such as the DOL's new fiduciary rule.

She also advises on executive deferred compensation plans for tax-exempt and for-profit employers (e.g.,457(f) and 409A issues) and on all manner of fringe benefits (e.g., educational assistance, employer-provided vehicles, wellness incentives). Additionally, she counsels clients on payroll tax matters, including FICA taxation of nonqualified deferred compensation arrangements. Kirstin recently guided a client to a favorable result in a payroll tax audit, impacting its compensation and benefit practices with regard to more than 100,000 employees. Furthermore, she has significant experience advising governmental clients on state law issues, including the vested rights doctrine.

Experience

  • Stanford Health Care enters into accountable care services arrangement with Silicon Valley technology companyJones Day advised Stanford Health Care (“SHC”) in connection with the negotiation of an "accountable care services" arrangement with a national health insurance company and a prominent, global technology company headquartered in Silicon Valley.
  • City of Hope forms precision medicine alliance with TGenJones Day advised City of Hope, a world-renowned cancer and diabetes research and treatment center, in its affiliation with the Translational Genomics Research Institute (TGen), a nonprofit biomedical research institute focused on developing earlier diagnostics and personalized treatments.
  • Astellas sells U.S. manufacturing subsidiary to AvaraJones Day advised Astellas Pharma Inc. in the transfer of its wholly owned manufacturing subsidiary Astellas Pharma Technologies, Inc. to Avara Norman Pharmaceutical Services, Inc.
  • Stanford Health Care and Silicon Valley employer enter into unique "accountable care organization" arrangementJones Day advised Stanford Health Care ("SHC") in connection with the negotiation of a unique "accountable care organization" arrangement with a prominent Silicon Valley technology company, pursuant to which SHC will coordinate and manage the provision of health care services furnished to enrollees of the company's self-funded health benefit plans by health care providers (including SHC) participating in a custom-designed narrow network and will assume financial accountability for the cost and quality of services furnished to the company's enrollees.
  • USI Insurance Services acquires seven Willis retail insurance brokerage locations across the U.S.Jones Day advised USI Insurance Services LLC in its acquisition of seven retail insurance brokerage locations from Willis North America Inc., part of Willis Group Holdings.
  • Redwood Regional Medical Group merges with St. Joseph Heritage HealthcareJones Day represented Redwood Regional Medical Group ("Redwood"), a multi-specialty physician group practice specializing in medical and radiation oncology diagnostic and interventional radiology, and breast and vascular surgery, in connection with its sale to St. Jude Hospital Yorba Linda, dba St. Joseph Heritage Healthcare.
  • Hoag Memorial Hospital forms regional health systemJones Day assisted Hoag Memorial Hospital Presbyterian in its affiliation with St. Joseph Health to form an integrated regional health system.
  • City of Hope forms City of Hope Medical FoundationJones Day advised the City of Hope in connection with the development and formation of City of Hope Medical Foundation (COHMF) and the purchase by COHMF of California Cancer Specialists Medical Group (CCSMG) and Oncology Specialists of COH (OSCOH).
  • Celgene acquires Abraxis BioScience for $2.9 billionJones Day advised Celgene Corporation in its $2.9 billion merger with Abraxis BioScience Inc.
  • VMware acquires Integrien and TriCipherJones Day advised VMware, Inc. in its acquisition of Integrien and TriCipher, Inc.
  • Ellison Technologies acquired by Mitsui and Mori SeikiJones Day advised Ellison Technologies, Inc., a U.S. producer of machine tools, in the acquisition of a controlling interest by Mitsui & Co. and Mori Seiki Co., Ltd.
  • Contra Costa County seeks advice on tax consequences of plan designJones Day advised Contra Costa County on tax consequences of plan design.
  • Individual trustee seeks representation on DOL auditJones Day represented Plan Trustee on DOL audit.
  • Deutsch Company sells Deutsche Metal Components and PermaswageJones Day advised The Deutsche Company in connection with its sale of the assets of Deutsch Metal Components, a designer and manufacturer of equipment for aerospace and military, and the entire share capital of Permaswage S.A.S, a designer and manufacturer of gaskets for the aviation industry, to Stirling Square Capital Partners.
  • Multiple public pension plans seek advice on ERISA investmentsJones Day advised multiple public pension plans on the ERISA and state law pension plan issues presented by investments in private equity investments, pooled real estate investment vehicles, or hedge fund investments.
  • Alameda County Employees' Retirement Association engages Firm for tax and pension adviceJones Day advised administrative board of Alameda County Employees' Retirement Association regarding administration of defined benefit plan.
  • County of Los Angeles seeks advice in drafting proposed pension plan legislation and negotiation with employee representativesCounty of LA retains Jones Day to draft proposed pension plan legislation and to negotiate with employee representatives.
  • County of Los Angeles seeks advice on tax and state pension law mattersJones Day was retained by County of LA for advice on a wide range of benefits-related matters.
  • Deutsch Company seeks advice in sale of assets and transfer of employee benefit plans and liabilitiesJones Day represented Deutsch Company in the sale of assets of division and transfer of employee benefit plans and liabilities to newly created portfolio company owned by private equity fund.
  • Deutsch Company seeks representation of plan sponsor in the design and administration of plansJones Day represented of plan sponsor of Deutsch Company in the design and administration of qualified  retirement plans, welfare plans, and fringe benefit arrangements.
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