Education

Albany Law School, J.D.

Boston University School of Law, LL.M, magna cum laude, Taxation

Binghamton University, B.S.

Bar Admissions

Massachusetts
New York

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David Scott Sloan

Partner
Boston
t: 617-573-5803

David Scott Sloan works closely with clients to design and implement sophisticated strategies that are integral to their family wealth planning. High-net-worth individuals, particularly principals of private equity, venture capital and hedge fund firms, executives of private and public companies, entrepreneurs and owners of closely held businesses, regularly turn to Mr. Sloan for advice in all aspects of succession planning and wealth transfer. Mr. Sloan understands the needs of wealthy families and creates plans that address their financial and philanthropic goals while also minimizing transfer taxes.

Special Planning for Private Equity, Venture Capital and Hedge Fund Principals. The unique nature of private equity funds requires specialized planning for the principals of such funds. Implementation of any wealth transfer strategy requires careful attention to the nature of the principal's ownership interest, the fund documents and the waterfall distribution. Mr. Sloan works closely with private equity fund principals to structure transfers involving their carried interests in their funds. Following such transfers, extensive additional planning opportunities are developed that are designed to maximize future wealth transfer while minimizing overall family transfer taxes. Mr. Sloan is often called upon by fund counsel to develop strategies specific to their fund principals and has made several presentations to such groups. Mr. Sloan engages in similar, specific business planning for venture capital and hedge fund principals.

Sophisticated Planning for Executives of Public Companies and Entrepreneurs. Mr. Sloan works at the forefront of the cross-section of wealth transfer and securities rules applicable to public company executives. Planning techniques for these executives who may be designated as "insiders" by the Securities and Exchange Commission (SEC) depends upon sophisticated design and careful implementation. Mr. Sloan balances these complex issues while ensuring that the privacy needs of these high profile individuals are respected.

Family Investment Entities. Family investment entities are designed to expand the investment horizons of its members while providing for business and family succession opportunities. Pooling family assets offers several advantages, including access to investments that would otherwise be unavailable to certain family entities and individuals, centralization of asset management decisions and the resulting reduction of overall investment fees and potential creditor protection. Mr. Sloan creates new entities to accomplish these goals and works with clients' investment advisors to ensure that appropriate investment policies are developed that focus on the overall asset mix, as well as the different investment objectives applicable to a client's taxable and nontaxable estate.

Private Company Succession Planning. A workable succession plan requires considerable development that often evolves over a multiyear period. Succession planning is necessarily an iterative process that requires close interaction between owners of privately held businesses and their advisors. Mr. Sloan guides business owners in designing and implementing a succession plan that balances the current and future needs of the business and the owner. Such coordination is particularly critical where an entrepreneur wants to transfer the business to the next generation but is relying on the ownership interest in the company to fund retirement.

Pre-liquidity Event Planning. Prior to a sale of a business or a major liquidity event, there are several wealth transfer opportunities that should be considered. Such strategies often focus on passing potential wealth to future generations in a tax-efficient manner. Mr. Sloan is often called upon to assist owners of businesses that are embarking upon such transactions to guide them in this critical pre-translation planning process.

In addition to his active practice, Mr. Sloan holds many leadership positions. He is co-chair of Holland & Knight’s Private Wealth Services Group, the largest trusts and estates practice in the United States. He is also a Deputy Section Leader for the firm's Business Section and is a member of the firm’s Board of Directors, now serving his third three-year term. During Mr. Sloan's participation on the Board of Directors, he chaired the Board’s Strategic Planning Committee for over five years. Mr. Sloan is a fellow in the American College of Trust and Estate Counsel (ACTEC) and serves ACTEC as a member of the Massachusetts State Committee. Mr. Sloan also serves as trustee of the Boston Conservatory.

Mr. Sloan has published numerous articles and has been quoted in several publications, including The Wall Street Journal, The New York Times, Fortune Magazine, Business Week, Inc. Magazine, Financial Planning Magazine, The Boston Business Journal, Private Wealth Management and the New York Law Journal. His opinions have been sought out on a variety of current tax issues and have aired on television and radio.

Quoted Articles

  • The New York Times, "Taking Fund-Raising To a New Level," December 16, 2011
  • The New York Times, "'Buffett Rule' is More Complicated Than Politics Suggest," September 24, 2011
  • The New York Times, "Wealth Matters: Taking the Time to Pick the Right Financial Adviser," April 23, 2011
  • The New York Times, "Foundations With a Limited Life," November 10, 2010

Professional Honors & Awards

  • The Best Lawyers in America guide, Trusts and Estates, 2005-2012
  • The Best Lawyers in America guide, Tax Law, 2005-2011
  • Massachusetts Super Lawyers magazine, 2005-2011

Memberships

  • American College of Trust and Estate Counsel, Fellow; Member of the Massachusetts State Committee
  • Boston Bar Association, Past Chair of Estate Planning Committee; Former Co-Chair of Estate Planning Committee
  • Massachusetts Bar Association, Past Chair of Taxation Section; Past Chair of Tax Legislation Committee; Former member of Budget and Finance Committee
  • The Boston Conservatory, Trustee; Chair of Development Committee
  • New York Bar Association
  • Boston Estate Planning Council
  • Boston Probate Forum

Court Admissions

  • U.S. Tax Court

Speaking Engagements

  • Planning for Family Businesses, Annual Presentation to Boston College Law Students, 1998 - Present
  • The Intersection of Sophisticated Estate Planning and Securities Laws, Private Wealth Services Briefing, June 17, 2009
  • Estate Planning for the Family Vacation Home, Lorman Education Services Webinar, February 26, 2009 and August 27, 2008
  • Identifying the Issues in Business Succession Planning, MCLE's 1st and 2nd Annual Family & Closely Held Business Law Conference, February 2009 and February 2008
  • Planning For Family and Closely Held Businesses, Boston Bar Association, April 2, 2008

Published Articles & Books