Boutwell Fay LLP practices in the areas of employee benefits and the Employee Retirement Income Security Act of 1974 (known as “ERISA”). We are the only boutique firm in Orange County that specializes solely in these areas. Our areas of practice include:
* Qualified and Non-Qualified Deferred Compensation Plans * Health and Welfare Plans * Plan Correction and Government Audits * Fiduciary and ERISA Consulting * ERISA Claims and Disputes
Our services include assisting clients in the drafting, qualification, design, administration and operation of employee benefit plans of every classification. Our Firm provides legal counsel to a broad range of business, consulting and financial services firms. Our clients include private employers, plan service providers, financial institutions, government agencies and pension plans. We serve closely-held and public companies of all sizes, with plans ranging from 10 to thousands of participants.
The background of the Firm’s attorneys includes practice at national law firms. Our attorneys bring to their practice a high degree of sophistication coupled with a unique sensitivity to their clients’ overall business and legal needs.
Boutwell Fay LLP attorneys are active in professional and trade associations, including committees of the Western Pension & Benefits Conference and the National Institute of Pension Administrators. We speak regularly to these and other groups on employee benefits and ERISA topics.
While our Firm provides a high quality level of legal services normally associated with large law firms, our smaller size allows us to be more accessible to our clients, and more responsive to their needs. We do not have scores of associates or staff personnel who work on our clients’ matters; instead, our clients receive the individual attention of our attorneys. We feel that each client is very important and we take the time to learn about their company, its’ needs, and trends within their industry.
The Firm’s dedication to our clients includes a commitment to provide practical and cost effective solutions to complex legal problems. Boutwell Fay LLP has focused on keeping our overhead low and staffing lean. This enables the Firm to work in a more efficient manner, and to pass the resultant savings on to our clients.
Alison Smith Fay represents employers in all aspects of employee benefit matters. She has extensive experience with fiduciary responsibility issues under ERISA and with tax‐qualified retirement plans including 401(k) plans. Ms. Fay also provides counsel with respect to health and welfare plans including Affordable Care Act compliance, cafeteria plans, COBRA and HIPAA, and non‐qualified deferred compensation plans including 409A issues.
A significant portion of her practice is representing clients before the Internal Revenue Service and the Department of Labor. In her work with employers, she has negotiated, advised and conducted due diligence reviews related to business mergers, acquisitions and other dispositions including resolving issues in connection with tax‐qualified plan mergers and spin‐offs, plan terminations, COBRA and executive compensation.
Ms. Fay is a member of the American Bar Association, The State Bar of California, and the Orange County Bar Association. She is also a member of the Employee Benefits Committee of the Tax Section of the ABA, and Chair of the Compensation and Benefits Committee of The State Bar of California Tax Secon. She is a member of the Pacific Coast Area TE/GE Council, which serves as a bridge between the Internal Revenue Service and the employee benefits practitioner community. She has lectured frequently on employee benefits issues for professional and industry trade groups including the Western Pension & Benefits Council, Employer Advisory Councils, International Society of Certified Employee Benefits Specialists, and the Conference of Consulting Actuaries. She is a past president of the Orange County Chapter of the Western Pension & Benefits Council. She was formerly associated with the law firm of Gibson, Dunn & Crutcher.
Ms. Fay is a 1981 graduate of the University of California Hastings College of the Law where she was a member of the Hastings Law Journal and Order of the Coif. She is also a 1975 graduate of Stanford University from which she obtained a degree in political science.
Boutwell Fay LLP is a women‐owned law firm practicing exclusively in the areas of ERISA and employee benefits with offices in Irvine, California and New York City. The Firm is a member of the National Association of Minority & Women Owned Law Firms (NAMWOLF) and is certified as a women’s business enterprise by the Women’s Business Enterprise National Council (WBENC).