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David O'Leary

Senior Counsel
Chicago
t: 312-715-5851

David G. O’Leary’s practice is concentrated primarily in the areas of employee benefits law, executive compensation, ESOPs, estate planning and related taxation. A member of the Private Wealth Services Group, he has considerable experience advising clients in these matters.

Employee Benefits, Executive Compensation and ERISA. Mr O'Leary has advised companies with respect to the design and implementation of employee benefit plans, tax-qualified deferred compensation and pension plans, non-qualified deferred compensation arrangements, employee stock ownership plans, stock option plans, phantom stock plans and other equity-based incentive arrangements, fiduciary liability and ERISA issues in mergers and acquisitions.

ESOPs. Mr. O’Leary has advised companies and shareholders regarding the use of ESOPs in succession planning, leveraged buyouts, corporate reorganizations and corporate financial strategies. He also has advised lenders and trustees on various ESOP matters. Mr. O’Leary has been involved in all facets of the ESOP cycle, including feasibility studies, plan design and implementation, leveraged financing and refinancing, sale of securities and plan terminations.

Estate Planning. Mr. O’Leary also regularly works with individuals to achieve their estate planning goals. He has extensive experience not only with wills and trusts, but also with more sophisticated wealth transfer techniques, including irrevocable life insurance trusts, family partnerships, charitable trusts and grantor retained income trusts. He also advises clients regarding premarital agreements, living wills and powers of attorney for health care and financial matters. In addition, Mr. O’Leary represents families of decedents in probate, which includes court appearances, estate administration, tax return filing and the distribution of assets.

Related Tax Matters. Complementing his employee benefits and estate planning practice is Mr. O’Leary’s extensive tax background. A certified public accountant, he is well versed in the latest developments in the tax area, including the use of estate freezes and other methods of minimizing estate taxes. He also has considerable experience crafting business ownership succession plans to facilitate ownership succession transactions and reduce family-owned or closely held company tax burdens. In addition, Mr. O’Leary represents clients who encounter IRS audits or disputes concerning tax return filings involving trusts and estates.

Professional Honors & Awards

  • Illinois Super Lawyers magazine, 2006-2007, 2009
  • Super Lawyers, Corporate Counsel Edition

Memberships

  • American Bar Association
  • American Bar Association Tax Section
  • Chicago Bar Association, Past Chair Employee Benefits Committee
  • ESOP Association
  • National Center for Employee Ownership (NCEO)
  • National Association of Stock Plan Professionals (NASPP)
  • American Institute of Certified Public Accountants
  • American Bar Association, Probate & Real Property Section

Court Admissions

  • U.S. District Court for Northern Illinois
  • U.S. Tax Court

Published Articles & Books