Michael R. Daum

Michael R. Daum counsels employee benefit plans throughout New York City and State out of Blitman & King’s Syracuse and New York City offices with regard to a variety of legal issues under ERISA and the Internal Revenue Code. Mike advises Plan Sponsors (such as multi-employer Boards of Trustees) on drafting and amending Plan documents, fiduciary responsibilities, regulatory compliance, and prohibited transactions. He has also negotiated investment documents on behalf of plans with investment managers, hedge funds, private equity funds, and other large investment firms for plan investments totaling nearly half a billion dollars in the aggregate. In addition, Mike has experience with audits and investigations initiated by the U.S. Department of Labor and Internal Revenue Service and has worked with agents to have potentially large penalties reduced substantially.

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Michael R. Daum
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Areas Of Practice
Education
  • Michigan State University College of Law, J.D. 2011, summa cum laude
    • Michigan State Law Review, Notes Editor
    • Arbitration Team Member
    • Jurisprudence Award for Excellence in the Study of: Reading, Writing and Advocacy, Civil Procedure II, Contracts II, Property, Arbitration (Labor)
    • Evidence, Problem Solving Approaches to Conflict Resolution, Administrative Law, Conflict of Laws, and Commercial Arbitration
  • St. John Fisher College, B.A. 2008, summa cum laude

Bar & Court Admissions
  • New York State
  • New Jersey State
  • U.S. Court of Appeals for the Second Circuit
  • Federal District Court for the Western District of New York
  • Federal District Court for the Northern District of New York
  • Federal District Court for the District of New Jersey

Publications
  • Chapter Co-Editor, ABA Section of Labor & Employment Law, Employee Benefits Law § 11 (ERISA Preemption and Effect on Other Laws) (4th Ed. 2017).
  • Chapter Author, International Labor and Employment Laws, Fourth Edition, Volumes IA and IB, Pensions and Benefits § 8 (4th Ed. 2015, Supp. 2017).
  • Co-Author (with Jonathan M. Cerrito), Government Initiatives to Expand Workers’ Access to Retirement Savings Programs, Connecticut Lawyer, November/December 2016.
  • Co-Author (with Jonathan M. Cerrito and Brian J. LaClair), The Preemptive Power of ERISA’s Fiduciary Duty Provisions, Law360, 8/16/2016.
  • Chapter Co-Editor, ABA Section of Labor & Employment Law, Employee Benefits Law § 11 (ERISA Preemption and Effect on Other Laws) (3d Ed. 2012, Supp. 2015).
  • Co-Author (with Jonathan M. Cerrito), Legal Considerations When Engaging an Investment Professional for a Participant-Directed Defined Contribution Plan, BNA Bloomberg Pension & Benefits Daily, 137 PBD, 7/17/2015.
  • Co-Author (with Jonathan M. Cerrito), Considerations for Defined Benefit Plan Fiduciaries Who Hire Non-Discretionary Investment Consultants, BNA Bloomberg Pension & Benefits Daily, 30 PBD, 2/13/2015.
  • Co-Author (with Jonathan M. Cerrito), Legal Considerations When Engaging an Investment Professional for an ERISA Pension Plan, BNA Bloomberg Pension & Benefits Daily, 212 PBD, 11/3/2014.

  • Co-Author (with Bernard T. King), Considerations for Fiduciaries Choosing Target Date Funds as Qualified Default Investment Alternatives in 401(k) Plans, BNA Bloomberg Pension & Benefits Daily, 85 PBD, 5/2/2013.
  • Author, Intelligent Defense: A Call for Federal Regulation of Mixed Martial Arts, 21 Seton Hall Journal of Sports & Entertainment Law 247(August 2011).
  • Co-Author (with Jonathan M. Cerrito), Defending Trustees Against Failure to Diversify Claims, Benefits & Compensation Digest, Vol. 47, No. 12, December 2010.

  • Co-Author (with Jonathan M. Cerrito), Defending ERISA Fiduciaries Against Claims of Failure to Diversify in a World of Multi-Manager Investments, BNA Pension & Benefits Daily, 147 PBD, 08/03/2010.

Affiliations
  • American Bar Association (Labor & Employment, Taxation, and Young Lawyers Sections)
  • New York State Bar Association
  • Onondaga County Bar Association, AFL-CIO Lawyers Coordinating Committee