David concentrates his practice in tax, estate and business planning with an emphasis on risk mitigation. He assists high net-worth families pass wealth to future generations in a protected fashion, and has helped public figures with liability exposure analysis, as well as strategize for future controversies. His background as a former chair of the American Bar Association’s (ABA) Asset Protection Committee, together with his role as ABA Advisor to the Uniform Law Commission’s Uniform Voidable Transactions Act (formerly the Uniform Fraudulent Transfer Act), provides a unique perspective that enables individuals to obtain an independent and realistic appraisal of current and future legal issues.
Known for his proactive approach, Dave has helped both creditors and debtors navigate complex creditors’ rights issues that arise at the intersection of fraudulent transfer law and the transfer of wealth. Dave has assisted lenders with transactions involving collateral in sophisticated planning structures. He has also served as counsel for international and domestic trust companies in various contexts. He has obtained a favorable Declaratory Statement from the Office of Financial Regulation pertaining to permissible activities within the State of Florida by a stand-alone, state-chartered trust company, and has advised on application of Florida statutes dealing with International Trust Company Representative Offices and Qualified Limited Service Affiliates.
One of the many forms of risk management includes the use of a captive insurance company. In this area, he has helped business owners in numerous industries understand whether a captive insurance company makes sense, as well as a variety of matters involving the administration of a captive insurance company. He has assisted with captive insurance controversy matters in IRS examination, litigation in United States Tax Court, as well as complex matters related to exiting captive insurance programs. Dave is the editor and a co-author of the Captive Insurance Deskbook for the Business Lawyer, published by the ABA.
Dave is a prolific author and sought after speaker on the foregoing topics. He has been quoted in various media sources, including The New York Times, Bloomberg Law Report, Inc.com., and National Underwriter. He has spoken at the Southern California Tax & Estate Planning Forum, the Heckerling Institute on Estate Planning, the Casualty Actuarial Society, Western Region Captive Insurance Conference, and numerous meetings for the ABA.
- 07.28.2020 "Privacy Shields No Deterrent To IRS Pursuit Of Microcaptives," Law360 Tax Authority
- 05.01.2020 "Implications of the Micro-Captive Soft Letter," American Bar Association - Business Law Section
- 03.31.2020 "Timing of IRS Insurance Tax Shelter Probe Brings Scrutiny." Bloomberg Tax
- 03.20.2020 "Once Scrutinized, an Insurance Product Becomes a Crisis Lifeline," The New York Times
- 02.05.2020 “IRS steps up war on captive insurance tax dodges," Captive International
- 02.03.2020 “IRS Settlement Offers Accepted by Majority of Micro-Captive Owners,” Captive.com
- 09.20.2019 "I.R.S. Offers Deal to Small Insurance Companies Under Scrutiny," The New York Times
- 09.17.2019 "Clock Ticking for Micro-Captives Considering IRS Settlement Offer (2)," Bloomberg Law
- 08.13.2019 "IRS Micro-Captive Court Victories Spur Settlement Speculation," Bloomberg Daily Tax Report
- 01.08.2018 "Practical Concerns for 831(b) Captive Owners Post Avrahami," Captive Review
- 08.23.2017 "Avrahami" Decision Could Embolden IRS in Micro-Captive Efforts, Daily Tax Report (BNA)
- 03.13.2017 Court Ruling May Arm IRS for Micro-Captive Insurer Crackdown, Daily Tax Report (BNA)
- 11.07.2016 Is 'Micro-Captive' Insurer Guidance the IRS's Nuclear Option?, Daily Tax Report (BNA)
- 10.05.2016 Why 'Captive Insurers' are on the IRS Watch List, Inc.com
- 03.14.2016 Questions About What's in Trump's Returns Persist, Tax Analysts
- 01.15.2016 Small, Private Insurers Face Increasing Scrutiny on Avoided Taxes, The New York Times
- 04.20.2015 I.R.S. Is Looking Into Captive Insurance Shelters, The New York Times