Profile
Douglas M. Selwyn has over 40 years of experience in employee benefit plan design, implementation and litigation; and regulatory compliance of employee pension and welfare benefit plans, including defined benefit pension plans, defined contribution retirement plans, 401(k) plans, health and welfare benefit plans, VEBAs, apprenticeship training trusts, and vacation plans under the Employee Retirement Income Security Act of 1974 (“ERISA”). His experience includes obtaining IRS determination of tax-exemption, Voluntary Correction Procedures, advising fiduciaries of employee benefit plans affecting mergers and acquisitions, plan terminations, employer Withdrawal Liability issues, compliance with the Department of Labor Cyber Security Tips, Guidelines and Best Practices, Consolidated Appropriations Act of 2021, the Affordable Care Act, Health Insurance Portability and Accountability Act issues, Qualified Domestic Relations Orders and Qualified Medical Child Support Orders, Consolidated Omnibus Budget Reconciliation Act issues, and Internal Revenue Service levies, Department of Labor audits, and enforcement of collection of employer contributions. Mr. Selwyn has successfully represented employee benefit plans, fiduciaries, businesses and individuals and has served as lead counsel in ERISA disputes before the Internal Revenue Service, Department of Labor, federal trial courts, federal appellate courts, bankruptcy courts, and arbitration panels in Texas, and other states. Mr. Selwyn has appeared before the Internal Revenue Service concerning tax-exempt applications and compliance; the Department of Labor seeking approval of prohibited transaction exemptions and compliance audits; and the Pension Benefit Guaranty Corporation seeking partition and funding assistance.
Mr. Selwyn served as Co-Chairman of the Employee Benefits Committee of the Labor and Employment Law Section of the American Bar Association (2008-2011). He previously served as Co-Chairman of the Fiduciary Responsibility Subcommittee and the Ethics Subcommittee of the Employee Benefits Committee. Mr. Selwyn currently serves as Co-Editor of the Newsletter of the Employee Benefits Committee, published quarterly. Mr. Selwyn is a Fellow and Secretary of the Board of Governors of the American College of Employee Benefits Counsel, Inc. and chairs its Long-Range Planning Committee.
Mr. Selwyn is also a Fellow of the Houston Bar Foundation and a Sustaining Life Fellow of the Texas Bar Foundation. Mr. Selwyn is listed multiple years in The Best Lawyers in America (Employee Benefits Law), including “Lawyer of the Year – Employee Benefits ‘ERISA’ Law for 2022” and is also listed as a multi-year Texas Super Lawyer (Employee Benefits/ERISA). He is a member of the State Bar of Texas, the Fifth Circuit Bar Association, the Houston Bar Association, and the ERISA Industry Group of Houston. Mr. Selwyn has served on the Board of Directors for the Boys and Girls Clubs of Greater Houston, Inc. since 1981 having been its Chairman in 1987; He also was one of the founding Directors of the Boys and Girls Clubs of Greater Houston Foundation and served as its Secretary for 25 years; Mr. Selwyn is also a Rotary International Paul Harris Fellow.
Mr. Selwyn has lectured on employee benefits issues including conferences sponsored by the American Bar Association, Joint Council on Employee Benefits, International Foundation of Employee Benefit Plans, Houston ERISA Industry Group, Houston Bar Association, Dallas Bar Association and various other regional and national associations.
Seminars & Lectures
● Fiduciary Responsibility and Legal Update for Apprenticeship Trustees, for the 49th Annual Apprenticeship Training Association of Texas State Convention, January 23, 2020
● A Basic Approach to Key Terms and Concepts under Title I of ERISA for the ERISA Basics National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, May 2011
● Collectively Bargained Plans, for the ERISA Basics National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, May 2011
● Collection of Employer Contributions to Multiemployer Employee Benefit Plans, for the ERISA Litigation National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, Co-Author, November 2010
● Introduction to Multiemployer Plans, for the ERISA Basics National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, May 2010
● Introduction to Subrogation and Reimbursement, for the ERISA Basics National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, May 2010
● Withdrawal Liability and Collections, the ERISA Litigation National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, November 2009
● A Basic Approach to Key Terms and Concepts under Title I of ERISA for the ERISA Basics National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, June 2009
● Multiemployer Plans, for the ERISA Basics National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, June 2009
● Transitioning to a New Third-Party Administrator, 54th Annual Employee Benefits Conference, sponsored by the International Foundation of Employee Benefit Plans, November 2008
● Withdrawal Liability and Collections, the ERISA Litigation National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, November 2008
● Special Topics in Welfare Litigation, for the ERISA Litigation National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, November 2008
● Reporting and Disclosure, for the ERISA Basics National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, June 2008
● Multiemployer Plans, for the ERISA Basics National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, June 2008
● The Pension Protection Act of 2006, sponsored by the Attorneys Annual Conference for the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, 2007
● What Every Business Lawyer Should Know About the Pension Protection Act of 2006, sponsored by the American Bar Association, Business Law Today series, 2007
● Fiduciary Responsibility sponsored by the American Bar Association, Labor and Employment Law Section, Employee Benefits Committee, 2006-2008
● Ethical Standards of Lawyer Conduct in Employee Benefits Practice, sponsored by the Houston ERISA Industry Group, 2002 and 2007
● Ethics, sponsored by the American Bar Association, Labor and Employment Law Section, Employee Benefits Committee, 1994-2005
● Lawyer Ethics in Employee Benefits Law, sponsored by the Dallas Bar Association, 2001
Publications
● “A Basic Approach to Key Terms and Concepts under Title I of ERISA” for the ERISA Basics National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, Co-Author, May 2011
● “Introduction to Multiemployer Plans,” for the ERISA Basics National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, Co-Author, May 2011
● “Collection of Employer Contributions to Multiemployer Employee Benefit Plans,” the ERISA Litigation National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, Co-Author, November 2010
● “Introduction to Multiemployer Plans,” for the ERISA Basics National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, Co-Author, May 2010
● “Introduction to Subrogation and Reimbursement,” for the ERISA Basics National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, Co-Author, May 2010
● “Withdrawal Liability and Collections,” the ERISA Litigation National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, Co-Author, November 2009
● “A Basic Approach to Key Terms and Concepts under Title I of ERISA” for the ERISA Basics National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, Co-Author, June 2009
● Multiemployer Plans, for the ERISA Basics National Institute, sponsored by the American Bar Association, Joint Committee on Employee Benefits, June 2009
● "Transitioning to a New Third-Party Administrator," for the 54th Annual Employee Benefits Conference, sponsored by the International Foundation of Employee Benefit Plans, Co-Author, November 2008
● "The Uniformed Services Employment and Reemployment Rights Act and Employee Health Benefits," The Houston Lawyer, Houston Bar Association, Author, Sept./Oct. 2008
● "Ethical Standards of Lawyer Conduct in Employee Benefits Practice," ERISA Industry Group of Houston, CoAuthor, 2002 and 2007
● "Standards of Lawyer Conduct in Employee Benefits Practice," ERISA Fiduciary Responsibility Issues Update, ALI-ABA Video Law Review, Co-Author, June 15, 2000
● "Ethical Standards of Lawyer Conduct in Employee Benefits Practice," Journal of the Corporate Counsel Review, Journal of the Corporate Counsel Section, State Bar of Texas, Co-Author, May 1999
● "Standards of Lawyer Conduct in Employee Benefits, Practice," Journal of Pension Planning & Compliance, Panel Publishers, Summer & Fall, Co-Author, 1998
● "Employee Benefits Law," published by the ABA Section of Labor and Employment Law and the Bureau of National Affairs, Chapter Editor (Ethics and Fiduciary Responsibility Chapters): Second Edition, 1996-2008
● "ERISA Ethical Issues and Concerns," American Bar Association, 1996
● "Ethical Considerations in ERISA Litigation," Benefits Law Journal, Panel Publishers, Co-Author, 1998
● "Policy and Procedures for the Collection of Delinquent Employer Accounts," International Foundation of Employee Benefit Plans, Author, 1983
Honors & Leadership
Honors & Recognitions
Recognized on the list of Texas Super Lawyers - Employee Benefits/ERISA
Listed in The Best Lawyers in America© for Employee Benefits Law (2013 - present)
Best Lawyers "Lawyer of the Year" for Houston Employee Benefits (ERISA) Law (2022)
American College of Employee Benefits Counsel, Fellow
American Jurisprudence Awards - Constitutional Law
Garland R. Walker American Inn of Court, Master
Texas Bar Foundation, Sustaining Life Fellow
Houston Bar Foundation, Life Fellow
Boys and Girls Clubs of Greater Houston, Inc. - Board of Directors, 1981-Present; Chairman 1987, Secretary 1989-2012
Boys and Girls Clubs of Greater Houston Foundation - Founding member of the Board of Directors, 1987-Present; Secretary 1987-2012
Houston Bar Association Founding Chairman of Fee Dispute Committee, 1987-1988
Rotary International, Paul Harris Fellow 1985
AV rated, Martindale-Hubbell
Community & Professional
State Bar of Texas
Houston Bar Association
Houston ERISA Industry Group
American Bar Association
Fifth Circuit Bar Association
News
News
Alerts & Publications
Alerts & Publications
Practices
Education
South Texas College of Law, J.D., 1979
Bethany College, B.S., 1975
Admissions
- United States Supreme Court
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. District Court, S.D. of Texas
- U.S. District Court, N.D. of Texas
- U.S. District Court, E.D. of Texas
- U.S. District Court, W.D. of Texas
- All State Courts of Texas