John A. Nixon II

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Duane Morris LLP
• Representative Cases & Transactions
  Cases

  Representative Matters: Served as counsel for Pennsylvania State Employees Retirement System ( SERS ) on its first transaction under Act 105, a $1.06 billion contribution to SERS by the Penn State University System.
  Advised Air Products, Inc. on federal tax
  ERISA compliance in connection with the establishment of its Legal Advocacy Program (LAP), which was created to provide free legal services to Air Product's workers
  their families victimized by racial, sexual orientation or gender-identity discrimination.
  Represented DuPont (NYSE: DD), a global innovation leader with technology-based materials, in its $110 million acquisition of Evoqua's Memcor business, which includes ultrafiltration
  membrane bio-filtration technologies.
  Represented a team doctor for a professional sports franchise in contract negotiations concerning his separation from the organization, restructuring of non-competition restrictions,
  subsequent hiring by a competing franchise.
  Represented Chief Executives
  other C-Suite officers in executive compensation
  employment agreement negotiations in healthcare, higher education, financial services foundation
  energy industries.
  Represented State Auditor General in preparing report for state legislature addressing the tax
  fiduciary compliance of statewide voluntary firefighter system.
  Advised State Investment Board ($68 billion) on fiduciary issues under applicative state law with respect to environmental, social,
  governance investing.
  Represented C-Suite executives in planned retirement, succession,
  other career transition negotiations.
  Obtained compliance letter under the Employee Plans Compliance Resolution Program (EPCRS) on behalf of a $51 billion public-sector pension fund.
  Obtained favorable determination letter on behalf of $44 billion teacher retirement system.
  Represented $24.5 billion defined benefit system in Internal Revenue Service audit. Responded to or defended 20 information document requests. Secured finding of no action required.
  Represent executives of publicly traded company securing refund of local taxes paid on option exercise
  restricted stock payouts.
  Negotiated custodial, securities lending
  third party administration agreements on behalf of market leading bank holding company.
  Negotiated post-TARP executive employment agreements on behalf of publicly held manufacturing company, developing appropriate compliance strategies under IRC Sections 162(m), 280G
  409A.
  Advised publicly held energy company on strategic options with respect to qualified-plan transitions in connection with a $4.3-billion acquisition in which the client's workforce was split between acquiring corporation
  related target company.
  Provided fiduciary-obligations training to the retirement board of a $34 billion defined-benefit fund.
  Advised $38 billion public-sector fund on fiduciary duties regarding the disclosure of member benefit data.
  Drafted plan document for public utility implementing optional defined contribution plan linked to eligible deferred compensation plan (457(b)).
  Drafted legislation implementing a defined contribution plan for newly hired employees of municipality.
  Advised the retirement-plans board of publicly held manufacturing company on fiduciary duties with respect to plans subject to participant self-direction under section 404(c) of ERISA.
  Drafted template 457(b) documentation for mutual fund provider.
  Drafted master
  prototype defined contribution documents
  related adoption agreements for publicly held financial services firm.