Andrew Stumpff, Butzel Long Photo

Andrew Stumpff has concentrated his practice in the areas of Employee Benefits and Executive Compensation Law for more than three decades. Mr. Stumpff is sought by employers and executives in a variety of sectors for his specialized expertise. He advises executives and employers of all sizes regarding executive compensation and employee benefit plan design and legal compliance matters.

Overview

Mr. Stumpff represents senior level executives in negotiating executive compensation terms, employment agreements, and stock option plans. He assists companies in employee benefits negotiations and due diligence actions associated with corporate mergers and acquisitions for both acquirors and sellers.

In addition to helping clients navigate employee benefits and executive compensation matters, Andrew Stumpff also counsels clients in employment-relations disputes and labor negotiations involving employee benefits issues. He confines his practice exclusively to representing labor organizations and employees in this regard. He has advised employers with respect to employee benefits plan audits by the Employee Benefits Security Administration of the U.S. Department of Labor, advised a multi-million dollar retiree healthcare Voluntary Employees’ Beneficiary Association (VEBA) in reaching a settlement regarding financial obligations of the sponsoring employer, and has navigated numerous other employment relations scenarios on behalf of labor organizations and employees.

Before joining Butzel, Andrew was a partner at a large New York-based international law firm. Mr. Stumpff has served as an Assistant Branch Chief in the IRS Office of Chief Counsel— Employee Benefits and Exempt Organizations Division, where he helped oversee national employee benefits litigation. Andrew teaches Employee Benefits and Executive Compensation at the University of Michigan Law School and at the University of Alabama Law School LL.M. in the Taxation program. He has published widely in the benefits field, and is the author of two law school casebooks: Employee Benefits and Executive Compensation, published in 2011, and Executive Compensation, published in 2016; and coauthor of a third, Langbein, Pratt, Stabile & Stumpff, Pension and Employee Benefit Law, published in 2015 (all published by Foundation Press), as well as treatises and numerous articles.

Andrew Stumpff is a Shareholder based in Butzel’s Ann Arbor office and is a leader of the firm’s Executive Compensation Practice Department. He has been recognized time and again over the course of his extensive career by numerous prestigious legal publications as among the top lawyers in Michigan and the nation in the areas of Employee Benefits and Executive Compensation Law. In addition to authoring numerous articles and publications pertinent to employee benefits and executive compensation, Mr. Stumpff also frequently serves as a presenter at a variety of industry forums and conferences on these topics.

Primary Practice Areas

Credentials

Education

Washington University 1983, A.B. (Mathematics)

University of Michigan Law School 1986, J.D.

Memberships

  • Assistant Branch Chief in the IRS Office of Chief Counsel – Employee Benefits and Exempt Organizations Division
  • New York State Bar Association Tax Section – Former Co-Chair, Employee Benefits Committee

Awards & Recognitions

Awards & Recognitions

Fellow, American College of Employee Benefits Counsel

Chambers USA: America's Leading Lawyers for Business, Employee Benefits & Executive Compensation

Best Lawyers in America® - Lawyer of the Year, Employee Benefits - ERISA Law, 2022

Best Lawyers in America®, Employee Benefits (ERISA) Law, 2017-2024

Michigan Super Lawyers, Employee Benefits, 2015-2023

DBusiness Top Lawyers in Metro Detroit, Employee Benefits Law, 2016-2018, 2020-2023

Article Editor, Michigan Law Review, University of Michigan Law School

Experience

  • Drafted a stock option plan for adoption by a large international corporation
  • Assisted numerous companies—both acquirors and sellers—in employee benefits negotiation and due diligence activities associated with corporate mergers and acquisitions
  • Advised several national and international financial entities as to fiduciary and other legal issues in connection with transactions with Michigan state and municipal governmental plans, including issues arising under Michigan Public Act 314
  • Assisted limited liability companies and partnerships in drafting profits interest plans for senior executives
  • Served as expert witness in several litigated cases involving the Employee Retirement Security Act of 1974 (“ERISA”)
  • Represented many senior-level executives in negotiating employment agreements, stock option plans and other executive compensation terms
  • Assisted a Michigan employer in making nonqualified deferred compensation plan corrections in order to comply with Section 409A of the Internal Revenue Code
  • Advised a multi-million dollar retiree healthcare VEBA in reaching a settlement regarding financial obligations of the sponsoring employer
  • Advised a union in settlement negotiations with an employer resulting in creation of new stand-alone retiree medical VEBA trust with several hundred million dollars of assets
  • Served as facilitator/mediator of a successfully resolved dispute involving claims among trustees of and contributors to a jointly trusteed medical benefits plan

News & Events

Speaking Engagements

  • Speaking Engagement
    ERISA commentator quoted in Chicago Tribune, Wall Street Journal, USA Today, Detroit Free Press, Detroit News, and other media
  • Speaking Engagement
    “Understanding Fees and Expenses – The Legal Framework,” Fiduciary Awareness Seminar Series (Detroit, November 1, 2011)
  • Speaking Engagement, 2nd Annual National ERISA Conference, University of Michigan (Ann Arbor, Michigan, March 22, 2013)
    Co-organizer & presenter, “Regulation of Benefit Plans: The Most Consequential Subject to Which No One Pays Enough Attention.”
  • Speaking Engagement, Marquette Law School, (Milwaukee, WI, March 2014)
    “Proposal for a Non-Subsidized, Non-Retirement- Plan, Employee-Owned Investment Vehicle to Replace the ESOP,” Third Annual ERISA, Employee Benefits, and Social Insurance National Conference
  • Event, Virtual Webinar, 10.27.2022
  • Speaking Engagement, 1.6.2018
    “Employee Ownership and Broader Ownership in the Age of the Robots: Questions about ESOPS,” Association of American Law Schools, Section on Socio-Economics (San Diego, California, January 6, 2018)
  • Speaking Engagement, Insurance Law Center, University of Connecticut School of Law & Renmin Law School (China), Hartford, CT (2017)
    “Longevity Risk–Lessons from US Retirement Plan Policy,” 4th Annual Insurance Law Conference on Retirement Security, Pensions & Insurance
  • Livonia, MI, 8.29.2017
  • Speaking Engagement, University of Connecticut Law School (Hartford, Connecticut, April 15, 2016)
    Moderator, Fifth Annual National Benefits and Social Insurance Conference
  • Speaking Engagement, White House Executive Office Building (Washington, DC, March 18, 2015)
    “Not Just the Bottom Line: New Strategies for Inclusive Prosperity,” concerning employee stock ownership, hosted by U.S. Secretary of Labor Thomas Perez

Alerts & Publications

Publications

  • Publication
    Casebook: Employee Benefits and Executive Compensation (Foundation Press, 2011)
  • Publication
    Tax Management Portfolio, 395-3rd T.M., VEBAs and Other Welfare Benefit Funding Arrangements (BNA, 2011)
  • Publication
    Case Law, Systematic Law, and a Very Modest Suggestion, 35 Statute L. Rev. 159 (2014)
  • Publication
    The Law is a Fractal: The Attempt to Anticipate Everything, 44 Loyola University Chicago L.J. 649 (2013)
  • Publication
    Darkness at Noon: Judicial Interpretation May Have Made Things Worse for Benefit Plan Participants under ERISA than had the Statute Never Been Enacted, 23 St. Thomas L. Rev. 221 (2011)
  • Publication, 2016
    Casebook: Executive Compensation (Foundation Press, 2016)
  • Publication, 2015
    Casebook: Pension and Employee Benefit Law, Coauthor with John Langbein, David Pratt, and Susan Stabile, (Foundation Press, 6th ed. 2015)
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