Biography

Ken handles matters in all areas of employee benefits, including retirement plans, welfare plans, fringe benefits, and executive compensation. He regularly counsels clients on fiduciary obligations under ERISA, and on income and employment tax issues associated with all areas of employee benefits.

Ken has significant experience representing clients in Internal Revenue Service (IRS) and U.S. Department of Labor (DOL) audits. Ken has represented many clients before the IRS under its Employee Plans Compliance Resolution System (EPCRS), and before the DOL under its Voluntary Fiduciary Correction Program (VFCP) and Delinquent Filer Voluntary Correction Program (DFVCP). He also spends a significant amount of time advising clients on their nonqualified deferred compensation plans, incentive compensation plans, and welfare benefit plans including the Affordable Care Act (ACA), Consolidated Omnibus Budget Reconciliation Act (COBRA), and Health Insurance Portability and Accountability Act (HIPAA) issues.

Ken began his career as a law clerk to the Chief Justice of the Maine Superior Court, and then as a law clerk in the Utah Court of Appeals. He then worked in Boston for nearly four years in the tax department of a national public accounting firm, Coopers & Lybrand. He earned an advanced degree in taxation from Boston University, and for the past 20-plus years has concentrated his practice with Verrill in the area of employee benefits.

Ken currently serves as Vice Chair of Verrill's Employee Benefits & Executive Compensation Group and as President of the Maine Employee Benefits Council.

Services/Industries

Education

  • Boston University School of Law  (LL.M.)
    • Taxation
  • University of Maine School of Law  (J.D.)
  • Colby College  (B.A., magna cum laude)
    • Phi Beta Kappa

Bar Admissions

  • Maine
  • Massachusetts

Memberships

  • President, Maine Employee Benefits Council
  • Maine State Bar Association
  • Employee Benefits Committee, Section of Taxation, American Bar Association
  • National Diocesan Attorneys Association

Honors

  • AV® rated by Martindale-Hubbell
  • Recognized in Chambers USA: America's Leading Lawyers for Business under Employee Benefits & Executive Compensation
  • Named the Best Lawyers® 2021 Employee Benefits (ERISA) Law "Lawyer of the Year" in Portland, Maine
  • Listed in The Best Lawyers in America© for Employee Benefits (ERISA) Law in Portland, Maine

To learn more about third-party ratings and rankings, and the selection processes used for inclusion, click here.

Clerkships

  • Maine Superior Court, Chief Justice Thomas E. Delanty II
  • Utah Court of Appeals, Judge Gregory K. Orme

Firm Highlights

Blog

403(b) Plan Compliance with the Annual Additions Limit: IRS Expects 403(b) Plan Sponsors to Collect Information About Employees’ Outside Employment

In a recent Issue Snapshot about how the annual limit on retirement plan contributions under Section 415(c) of the Internal Revenue Code (“Code”) applies to 403(b) plans, the IRS revealed that it expects 403(b...

Blog

Using a Non-Compete to Create a Substantial Risk of Forfeiture Under a Section 457(f) Plan: Limited (But Meaningful) Opportunities

News

65 Verrill Attorneys Recognized by Best Lawyers® 2022, Including Eight Named Lawyers of the Year

(August 31, 2021) – 65 Verrill attorneys were recognized as "Best Lawyers" by Best Lawyers® 2022 , including 8 attorneys named “Lawyer of the Year,” a distinguished recognition for only a single lawyer in...

Blog

Nonqualified Deferred Compensation and the Special Timing Rule HR Professionals Should Be Aware of for FICA Tax Purposes

Blog

You Are Here: A Mall Directory for Healthcare Transparency Requirements

The old adage “you can’t get where you’re going unless you know where you are” has never seemed more true than when applied to the current mélange of healthcare transparency guidance. Fortunately, a fading...

Blog

Thoughts on the DOL’s Proposed ESG Regulation

Publication/Podcast

Employee Benefits & Executive Compensation 2021 Summer Client Advisory

Click here to view as a PDF. This Client Advisory summarizes developments in the law governing employee benefit plans prompted by the COVID-19 pandemic. We explain what these developments mean for plan sponsors and...

Publication/Podcast

2021 Year End Employee Benefit Plan Amendments

Health and Welfare Plans Employers that made available COVID-19 relief and benefit enhancements in 2020 – such as the increased carry over limit and extended grace period for health flexible spending accounts – need...

Blog

Elimination of Good Faith Relief for ACA Reporting

On November 22, 2021, the Internal Revenue Service (IRS) published proposed regulations that codify, among other things, an automatic extension of the deadline for furnishing IRS Forms 1095-C to employees. IRS Forms 1095-C are...

Blog

IRS Issues Guidance Clarifying the Application of COVID-19 Outbreak Period Extensions for Electing COBRA Continuation Coverage and Paying COBRA Premiums

On October 6, 2021, the IRS issued Notice 2021-58 , providing helpful guidance on COBRA continuation coverage in two key areas: (1) the application of the extended timeframes for electing COBRA continuation coverage and...

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