Damarr M. Butler

Overview

Damarr Butler represents employers, plan sponsors, plan administrators, fiduciaries, and service providers in individual and class action litigation involving single and multiemployer plans arising under the Employee Retirement Income Security Act of 1974 (ERISA).  These actions generally involve allegations of fiduciary breach, prohibited transactions, benefit denials, delinquent contributions, and withdrawal liability. 

Outside of litigation matters, he also assists clients with PBGC, DOL, and IRS reporting obligations, audits, and investigations.  He further provides counsel on complex benefits matters in connection with corporate restructurings, acquisitions, dispositions, and mergers.

His ERISA career began at the Pension Benefit Guaranty Corporation (PBGC), where he represented the PBGC in federal bankruptcy, state insolvency/receivership, administrative, transactional, and litigation matters. He also regularly defended the agency regarding its Early Warning Program, reportable events, and distress and standard terminations.

Prior to joining O’Hagan Meyer, Damarr practiced at international law firms, where he represented retirement and welfare plan sponsors, fiduciaries, and service providers in all phases of ERISA litigation, compliance, and regulatory investigations.

Damarr was also previously an associate general counsel at Edward D. Jones & Co., where he advised the firm in legal and regulatory matters related to all facets of its retirement business, including ERISA and non-ERISA employer retirement plans as well as retail products such as IRAs (individual retirement accounts), Roth IRAs, SEPs (simplified employee pension plans), and SIMPLE (savings incentive match plan for employees) accounts.

Damarr is active in the legal community and has served in leadership positions with various benefits-related committees of the American Bar Association.

In his free time, Damarr enjoys watching various collegiate and professional sports, along with reading biographies and autobiographies.

Experience

• Represented plan sponsors in ERISA fiduciary litigation raising claims of imprudence, disloyalty, and prohibited transactions.
• Obtained partial denial of class certification in ERISA action alleging excessive investment-related and recordkeeping fees involving a multiple-employer plan.
• Advised a hedge fund regarding its management of ERISA-governed assets.
• Represented plan sponsors in ERISA actions challenging the investment management and performance of a stable value fund, use of forfeiture funds, and recordkeeping fees.
• Represented a financial services company in ERISA litigation challenging the inclusion of proprietary investment options in 401(k) plan.

Honors, Publications & Speeches

Honors

• Recipient, The National Black Lawyers' Top 100 Lawyers in D.C. (2020)

Publications

• Chapter Editor, Employee Benefits Law, Chapter 16. Issues Unique to Jointly Administered Plans (4th ed.).
• A Most Unusual Case PBGC v. 50509 Marine LLC, 29 No. 1 ERISA Litig. Rep. 3 (February 2021).
• Plastic Surgery Center v. Aetna: A Promise is a Promise, Even from a Plan Administrator, 28 No. 3 ERISA Litig. Rep. 1 (September 2020).
• Pension Benefit Guaranty Corporation Who, American Bar Association, Young Lawyers Division, The101 Practice Series (2018).
• A Window into PBGC's Practice: Current Issues and Trends (April 2017 and 2018).
• Employee Benefits Law, Chapter 9, Plan Insurance and Plan Termination (Cum. Supp.) (2015).

Speeches

• Panelist, Navigating Legal & Regulatory Issues with Emerging Technology, The Annual HBCU IP & Tech Law Summit (February 27, 2025)
• Panelist, Fiduciary Issues in Investing Assets in a Trust, ABA RPTE National CLE Conference (May 9, 2024)
• Panelist, Top Ten Employee Benefits Topics of 2019, American Bar Association, Section of Labor and Employment Law, Employee Benefits Committee Mid-Winter Meeting (February 2020).
• Panelist, Top Five Benefit Issues for Employment Attorneys (ERISA Requirements in M&A Transactions), National Employment Law Conference 23rd Annual Conference, New Orleans, Louisiana (April 2018).
• Moderator, Working with Employers on ERISA Reporting and Compliance Requirements, American Bar Association, Section of Real Property, Trust and Estate Law (August 2017).
• Panelist, Missing Participants and State Escheat Laws, American Bar Association, Section of Labor and Employment Law, Employee Benefits Committee Mid-Winter Meeting, Austin, Texas (February 2017).
• Panelist, Dealing with PBGC Liabilities, American Bar Association, Section of Labor and Employment Law, Employee Benefits Committee Mid-Winter Meeting, Coronado, California (February 2015).
• Panelist, Protection of IRA & Qualified Plan Assets after Clark v. Rameker, American Bar Association, Joint Committee on Employee Benefits (January 2015).
• Panelist, Litigating Against the PBGC, American Bar Association, Section of Labor and Employment Law, Employee Benefits Committee Mid-Winter Meeting, New Orleans, Louisiana (February 2014).

Professional

• American Bar Association
  • Co-Chair, Section of Real Property, Trust and Estate Law, Employee Benefit Plans and Other Compensation Arrangements Group (2020-2025)
  • Co-Chair, Section of Real Property, Trust and Estate Law, Employee Benefit Plans and Other Compensation Arrangements Group, Fiduciary Responsibility, Administration and Litigation (2019-2021)
  • Co-Chair, Employee Benefit Plans and Other Compensation Arrangements Group, Plan Transactions and Terminations Committee (2017-2019)
  • Government Fellow, Section of Labor and Employment Law, Employee Benefits Committee (2013-2015)
• Assistant Coach, Georgetown University Law Center Taxation, LL.M. Moot Court Team, (2019-2021)
• Member, Law360 Benefits Editorial Advisory Board (2020-2024)
• Member, Kappa Alpha Psi Fraternity, Inc. (2002- Present)