Attorneys

Mr. Clayton has extensive experience in employee benefits law advising plan sponsors, plans and ERISA fiduciaries of pension and health and welfare plans in all aspects of employee benefits law.  He served as the chief government official responsible for the enforcement of ERISA fiduciary standards in the position that is now the Assistant Secretary of Labor, Employee Benefits Security Administration. He frequently advises plan sponsors in connection with plan audits and matters involving the Department of Labor and the Internal Revenue Service.  He served as legal advisor with respect to ERISA issues in the establishment of the Utah Insurance Exchange and has provided advice to the Utah Insurance Department and Legislature regarding the intersection of state insurance law with ERISA.  He has testified as an expert on ERISA fiduciary conduct in state and federal courts throughout the United States.  Mr. Clayton currently represents one of the major stand alone retiree medical VEBAs in the United States.

Member, Editorial Advisory Board, Bureau of National Affairs Pension and Benefit Reporter (Co-Chair For 2007-2008); Former Co-Chair, Administrative and Legislative Subcommittee of the Employee Benefits Committee, ABA Section of Labor and Employment Law; Member American Bar Association Tax Section (former member of the fiduciary task force); Administrator, Pension and Welfare Benefits Programs, U.S. Department of Labor, 1981 to 1983; Former Chair, ERISA Advisory Council, U.S. Department of Labor; Member, Pension Working Group of the White House Cabinet Council on Economic Affairs, 1981 to 1983; Chairman, Interagency Task Force on Pension Benefit Guaranty Corporation, 1982 to 1983; Past President, Western Pension and Benefit Conference, Salt Lake Chapter; Past Member Board of Editors of Health and Welfare Benefits Alert; Past Member of various committees of The International Foundation of Employee Benefit Plans.

PUBLICATIONS

• Rewrite Author, “Employee Benefits Law” (Second Edition 2001 and 2006 Cumulative Supplement)
• Trustees Handbook 4th Edition (1990) and 5th Edition (1998)International Foundation of Employee Benefit Plans;
• “Potential Conflicts of Interest for Trustees,” Employee Benefits Annual 1985: Proceedings of the Annual Employee Benefits Conference of the International Foundation of Employee Benefit Plans;

PRESENTATIONS / SEMINARS

• Presenter at various employee benefit conferences throughout the United States.
• Expert Witness, ERISA fiduciary Conduct: State, Federal Courts and in arbitrations in various states.

MEMBERSHIPS

• Utah State Bar, 1972
• Tenth Circuit Court of Appeals
• U.S. Supreme Court

EDUCATION

• University of Utah (J.D. 1972)

PRACTICE AREAS
Employee Benefits & ERISA
Tax & Estate Planning