Paul M. Newcomer
Mr. Newcomer has represented multiemployer (Taft-Hartley) plans and counseled plan trustees with respect to their fiduciary duties for more than 20 years. He devotes the majority of his practice to that sector of Employee Benefits Law including plan design and the drafting of plan documents and their continuing compliance with IRC qualification matters. PPA and MPRA compliance are fundamental parts of his practice. On the health and welfare side, Mr. Newcomer has long experience in QDRO and subrogation matters and (more recently) PPACA compliance, as well as the internal and external appeal processes relating to benefit claim denials. He drafts fund internal policies and assists funds and their trustees through the DOL and IRS investigation and audit processes.
Mr. Newcomer has significant experience in the arbitration and litigation of benefit plan issues (contribution delinquencies, withdrawal liability assessments, insurance coverage disputes) before the state and federal courts of Illinois and Michigan. He has served as counsel to a PBGC-appointed trustee with respect to orphan plan termination (PBGC v. Palmen Motors, et al., (E.D. Wisc.), and was appointed a deputy attorney general of the State of Alabama to represent that state in a successful dispute over interpretation of the full faith and credit clause of the U.S. constitution in re: Alabama v. Engler, (U.S. Court of Appeals for the Sixth Circuit). Mr. Newcomer has negotiated and drafted innumerable investment management agreements and other arrangements between funds and their service providers. His areas of practice include Employee Benefits Law, Litigation and Appeals.
Education and Clerkship: Mr. Newcomer earned his Bachelor of Arts degree from Michigan State University in 1987 and his Juris Doctorate degree from the University of Detroit School of Law (where he served as a Senior Staff Member of the Law Review) in 1990. After law school he served as Judicial Law Clerk to the Hon. Charles W. Joiner, Judge, United States District Court for the Eastern District of Michigan.
Professional Affiliations: Mr. Newcomer is licensed in the states of Illinois and Michigan. He is admitted to the general and trial bars of the federal courts of both states, as well as the courts of appeals. He is a member of the International Foundation of Employee Benefit Plans (IFEBP), the American Bar Association, the Oakland County Bar Association and the Labor and Employment and Taxation sections of the State Bar of Michigan.
Speaker: Mechanical Contractors Association of Northwest Ohio, February 2017; Topic: Primer on Trustee Fiduciary Duties