Recently named a Rising Star in employee benefits law by Super Lawyers magazine, Dan Brice represents benefit funds in complex ERISA litigation and counsels sponsors of multiemployer and single-employer plans, companies, tax-exempt entities and executives on all matters of ERISA and employee benefits including Affordable Care Act compliance. Dan advises on the design, operation and qualification of pension and welfare benefit plans. He also represents a wide variety of clients in addressing issues that arise in the workplace.

Dan regularly advises clients on how to best avoid disputes. However, when a dispute arises, Dan aggressively advocates on his client’s behalf. Dan has represented clients in front of the Pension Benefit Guaranty Corporation, Internal Revenue Service, United States Department of Labor, National Labor Relations Board, New York State Public Employment Relations Board, New York State Division of Human Rights, Equal Employment Opportunity Commission, and state and federal courts. No matter the forum, the goal always remains the same – obtain a favorable result for the client.

Daniel R. Brice
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Areas Of PracticeEducation
  • Juris Doctor, State University of New York at Buffalo School of Law, Buffalo, New York
  • Bachelor of Arts in Communication, State University of New York at Oswego, Oswego, New York
Bar & Court Admissions
  • New York State Supreme Courts
  • United States District Court for the Northern District of New York
  • United States District Court for the Western District of New York
  • United States District Court for the Southern District of New York
  • United States Court of Appeals for the Second Circuit
Significant Representations
  • Successfully defended plan against Mental Health Parity lawsuit
  • Assisted plans with analysis and impact under the Affordable Care Act
  • Assisted in contract negotiations involving ACA compliance and Cadillac tax considerations
  • Assisted plan administrators with DOL and IRS examinations
  • Assisted plan fiduciaries with ERISA fiduciary responsibility and review of service provider contracts and fees
  • Advised plan administrators, fiduciaries, and trustees on ACA and ERISA compliance and administration of plans
  • Assisted plan fiduciaries with correction programs of DOL and IRS
  • Successfully defended plan fiduciaries on claims for breach of fiduciary duty, benefits and penalties under ERISA
  • Drafted and amended pension and health plan documents to ensure legal compliance
Speaking Engagements
  • Alternatives - Part II:  A Workshop on Hybrid Plans, International Foundation Annual Conference, November 2020
  • Managing Taft-Hartley Funds in Uncertain Times, November 2020
  • COVID-19 Return to the Workplace Strategies, International Foundation Training Center Virtual Conference, June 2020
  • Managing Taft-Hartley Funds in Uncertain COVID-19 Times, Series of Interactive Cornell ILR Webinars, April/May 2020
  • Construction Industry Drug Testing - Construction Industry Benefits Conference, Boston, MA, September 2019
  • HIPAA Audits and the Future - International Foundation of Employee Benefit Plans Annual Conference, October 2018
  • Legal Update - NY Labor Health Care Alliance, 4th Annual Benefit Seminar, September 2018
  • Employee Benefits Update - Blitman & King 28th Annual Labor and Employment Law Seminar, March 2018
  • Best Practices in Handling Internal Claims and Appeals - International Foundation of Employee Benefit Plans Annual Conference, October 2017
  • Pension Benefit Basics for Union-Side Labor Lawyers - AFL-CIO LCC, Denver, CO, May 2017
  • Retirement Plan Fees for the Public Sector - International Foundation, Columbus, OH, April 2017
  • Anatomy of a Benefit Appeal - A Discussion and Primer on the Best Practices for Handling Benefit Appeals - International Foundation Webcast, February 2017
  • Where Chronic Pain Management Meets Mental Health - International Foundation, Orlando, FL, November 2016
  • Mental Health Parity and Addiction Equity Act: Does Your Plan Comply - International Foundation Webcast, August 2016
  • Affordable Care Act: Compliance Update - International Foundation, Trustees & Administrators Institute, Las Vegas, NV, June 2016
  • Subrogation/Reimbursement Issues, March 2016
  • Affordable Care Act: Compliance Update - International Foundation, Trustees & Administrators Institute, Orlando, FL, February 2016
  • Health Care Reform: A Seminar for Union Representatives - The Worker Institute at Cornell ILR, December 2015
  • Navigating ACA: What Attorneys Need to Know - International Foundation Annual Conference, Honolulu, HI, November 2015
  • Latest Updates on the ACA and Exchange Marketplace - International Foundation, Las Vegas, NV, September 2015
  • U.S. Dept. of Labor, Employee Benefit Security Administration, Investigation Issues, June 2015
  • Health Care: ACA Bargaining Basics for Union Lawyers and Organizing Opportunities - AFL-CIO LCC, Philadelphia, PA, April 2015
  • Patient Protection and Affordable Care Act Update - New York State Bar Association, 2014
  • Health Care Reform & Bargaining  - The Worker Institute at Cornell ILR, May 2013
Affiliations
  • American Bar Association
  • New York State Bar Association
  • Onondaga County Bar Association
  • N.D.N.Y. Federal Court Bar Association
  • W.D.N.Y. Federal Court Bar Association
  • S.D.N.Y. Federal Court Bar Association