Cybak, David W.

Kirstin Poirier-Whitley has 15 years of experience counseling employers and plan fiduciaries on complex tax and fiduciary issues in connection with the design and/or administration of a broad range of employee benefit programs. She advises clients concerning qualified and nonqualified retirement or deferred compensation plans; welfare programs such as health plans, disability plans, life insurance, and severance programs; executive compensation arrangements; and fringe benefit programs. For example, she advises clients on tax compliance, investment issues (such as divestment, social investing, and participant-directed investments), prohibited transactions, disclosure obligations, ERISA preemption, "freezing" benefits, and compliance with HIPAA, COBRA, and similar state laws. Kirstin routinely counsels clients on benefits-related liability and transition issues arising in mergers, acquisitions, and other corporate transactions and has represented institutional investors investing in "plan assets" funds, venture capital operating companies, and other alternative equity vehicles. Kirstin also counsels governmental employers and plans on state retirement law issues.

Kirstin's representative private sector clients include Allergan, The Deutsch Companies, Sempra Energy, and SunPower Corporation. Her representative governmental clients include Los Angeles County, LAUSD, and the Sacramento County Employees' Retirement System. Institutional investors she has represented in connection with alternative equity investments include CalPERS, LACERA, and the New York Common Retirement Fund.

Kirstin is a member of the Tax Section of the California Bar, the Western Pension & Benefits Conference, and the Women's Lawyers Association of Los Angeles. Kirstin speaks frequently on topical benefits issues, such as employee benefit considerations during economic downturns, Internal Revenue Code Section 409A, and retiree health benefits.