Overview

Russell Gully is a tax attorney in Holland & Knight's Dallas office. Mr. Gully counsels employers and fiduciaries in all areas of employee benefits, including tax and Employee Retirement Income Security Act (ERISA) issues relating to the design and administration of qualified and nonqualified deferred compensation plans and group health plans. His experience includes the review and preparation of retirement and health plan documents and assistance with benefit plan implementation. Mr. Gully also counsels employers on employee benefits issues arising from business mergers and acquisitions.

Representative Experience

  • Represent publicly held and privately owned employers in connection with the design and administration of their 401(k) plans, defined benefit pension plans and nonqualified deferred compensation plans
  • Represent not-for-profit organizations, including churches, in connection with the design and administration of their defined benefit pension plans, 403(b) programs and nonqualified deferred compensation plans
  • Represent employers in connection with the freezing, de-risking and termination of their defined benefit pension plans
  • Represent employers in connection with the obligations of the Affordable Care Act
  • Represent employers in connection with the obligations of their group health plans to provide Consolidated Omnibus Budget Reconciliation Act (COBRA) continuation coverage and to comply with the Health Insurance Portability and Accountability Act (HIPAA), privacy and security rules
  • Represent employers in connection with the implementation and ongoing administration of their welfare benefit plans, cafeteria plans, spending account plans, retiree health reimbursement arrangements (HRAs), voluntary employees' beneficiary associations (VEBAs) and occupational injury benefit plans
  • Represent employers negotiating with the IRS over corrections under the Employee Plans Compliance Resolution System (EPCRS) in connection with qualified plan matters
  • Represent employers in connection with benefit plan audits by the IRS, U.S. Department of Labor and Pension Benefit Guaranty Corporation (PBGC)
  • Represent employers in connection with the administration and consolidation of 401(k) plans and other benefit plans following business mergers and acquisitions

Published Case

  • Keen v. Weaver, 121 S.W.3d 721 (Tex.), cert. denied, 540 U.S. 1047 (2003)

Credentials

Education
  • The University of Texas School of Law, J.D., with honors
  • The University of Texas at Austin, M.A.
  • The University of Texas at Austin, B.A., with highest honors
Bar Admissions/Licenses
  • Texas
Memberships
  • American Bar Association, IRAs & Plan Distributions Committee; Real Property, Trust and Estate Law Section, 2017-2021
  • State Bar of Texas, Taxation Section, Employee Benefits Committee
  • Dallas Bar Association, Employee Benefits/Executive Compensation Section, Executive Council, 1993-1995
  • St. Thomas More Society
  • Texas Exes Dallas Chapter, Board of Directors, 2016-2018
  • Richland College, Instructor, Employee Benefits, Legal Overview, 1994-1995
  • Knights of Columbus; State Advocate, Texas State Council, 1996-1998
Honors & Awards
  • The Best Lawyers in America guide, Employee Benefits (ERISA) Law, 2011-2022
  • The Legal 500 United States, Recognized Attorney, Labor and Employment: Employee Health and Retirement Plans; Labor and Employment: Employee Benefits, Executive Compensation and Retirement Plans – Design, 2017, 2019-2021

Publications

News