Henry Talavera’s experience representing clients before the Internal Revenue Service, the U.S. Department of Labor, and the Pension Benefit Guaranty Corporation, along with his prior experience as a federal government attorney, enables him to handle complex issues for clients.

Henry has a broad-based, comprehensive practice that involves all areas of employee benefits law related to benefit programs and arrangements for employees, directors and independent contractors. His extensive experience includes guidance relating to public, private, and tax-exempt employers on the design, implementation and administration of all types of welfare plans and tax-qualified retirement plans, including defined benefit and plans intended to qualify under sections 401(k), 403(b) and 457(b) of the Internal Revenue Code.

Henry also counsels a wide range of clients, including investors, investment funds, investment companies, fund managers (including registered investment advisers), private money managers and other institutional investors relating to the impact of ERISA and certain Internal Revenue Code requirements on such investments, including addressing ERISA plan asset and operating company compliance, such as matters relating to Venture Capital Operating Companies (VCOCs) and Real Estate Operating Companies (REOCs).

Henry has also worked extensively in the following areas:

  • Representing clients before the IRS, DOL & PBGC with respect to employee benefit plan audits and voluntary correction procedure filings
  • Designing and implementing executive compensation and employment agreements, including equity compensation and deferred compensation arrangements for partnerships
  • Counseling clients with respect to federal health care and related laws impacting an employer’s medical plans, including, but not limited to, privacy laws and the Patient Protection & Affordable Care Act ("PPACA")
  • Negotiating employment and severance agreements for high-level executives and employers
  • Conducting due diligence and negotiating representations and warranties and covenants with respect to employee benefits in mergers and acquisitions
  • Advising on litigation matters related to employee benefits, including advising on class action lawsuits related to plan investments

Education

  • University of Maryland Francis King Carey School of Law (J.D., 1989)
    • University of Mary Washington (B.A., magna cum laude, 1986)
      • Phi Beta Kappa

    Bar Admission

    • Texas
    • Maryland

    Court Admissions

    • U.S. Tax Court
    • U.S. District Court, Northern District of Texas
    • U.S. District Court, District of Maryland

    Professional Affiliations

    • University of Maryland Francis King Carey School
      • Board of Visitors, 2022-2023
    • City of Dallas Employees’ Retirement Fund
      • Former Chair, 2025
      • Chair, 2020-2024
      • Vice-Chair, 2020
      • Trustee, 2019-2020
    • American Bar Foundation
      • Fellow, 2017-2023
    • American Bar Association
      • Section of Real Property Trust and Estate Law
        • Advisor, Diversity Equity and Inclusion Committee
        • Groups and Substantive Committees, Member 2025, Co-Chair 2023-2024, Chair 2021-2022, Vice Chair, 2018-2020
        • Liaison, ABA Entities – ABA Joint Committee on Employee Benefits, 2024-2025
        • National Conference of Lawyers and Corporate Fiduciaries – Member 2025
        • Liaison: Real Property, Trust & Estate Representative, Joint Committee on Employee Benefits, 2014- 2025
        • Member, Center for Human Rights Advisory Council, 2021-2024
          • Liaison, 2017-2020
        • Employee Benefit Plans & Executive Compensation Group; Counsel Representative 2021-2023, Chair 2013-2015, Vice-Chair 2011-2012
        • Co-Chair, IRA Accounts and Plan Distribution Committee, 2016-2017
        • Vice-Chair, Plan Transactions and Terminations Committee, 2010-2011
        • Vice-Chair, Welfare Benefit Plans Committee, 2008-2009
        • Section Council Member, Trust and Estate Division, 2016-2021
        • Special Committee on American Bar Association Relations Co-Chair, September 2017-2021
        • Liaison:  American Bar Association Commission on Human Rights and Responsibilities, September 2017-2020
        • CLE Representative, Joint Committee on Employee Benefits, 2014-2016
        • Section Council, Trust and Estate Division, 2016-2022
        • Liaison, Hispanic National Bar Association, 2019-2020
      • Commission on Hispanic Rights and Responsibilities, 2017-2020
      • Co-Chair, IRA Accounts and Plan Distribution, 2016-2017
    • State Bar of Texas
      • Tax Section
        • Chair, 2022-2023
        • Vice Chair, 2021-2022
        • Secretary, 2020-2021 
        • Treasurer, 2019-2020
        • Co-Vice Chair, Committee on Governmental Submissions, 2015-2019
        • Co-Vice Chair, Employee Benefits Committee, 2014-2016
    • Dallas Bar Association
      • Executive Compensation/Employee Benefits Section
        • Chair, 2006
    • Texas Bar Foundation
      • Fellow, 2016-2023
    • The American College of Employee Benefits Counsel
      • Fellow
    • Dallas Hispanic Bar Foundation  
      • Director, 2015-2019
      • Treasurer, 2018-2019
    • SouthWest Benefits Association
      • Board of Directors, 2011-2014
    • Gulf Coast Area TE/GE Council
      • Chair, 2009-2010

    Recognition

    • Ranked in Chambers USA: America’s Leading Lawyers for Business, Employee Benefits & Executive Compensation, Texas: Dallas, Fort Worth & Surrounds, 2020-2026
    • Named Outstanding Legal Advocate, D CEO’s 2018 Latino Business Awards, 2018
    • Named as a Top 50 Multicultural Lawyer, National Diversity Council, Dallas 2017
    • Named as an honoree in the 2017 Class of Diverse Business Leaders in the Dallas Business Journal
    • Selected for inclusion in D Magazine's "Best Lawyers in Dallas," 2008-2009, 2013-2022, 2024
    • Selected for inclusion in Texas Super Lawyers, Texas Monthly Magazine, 2007-2020
    • Selected for inclusion in Best Lawyers in America® for Employee Benefits (ERISA) Law, 2006-2026
    • Selected for Best Lawyers® “Lawyer of the Year” for Employee Benefits (ERISA) Law in Dallas/Fort Worth, 2022

    Certificates

    • The Wharton School of the University of Pennsylvania, International Foundation of Employee Benefit Plans: Alternative Investment Strategies Program, July 18-20, 2023
    • The Wharton School of the University of Pennsylvania, International Foundation of Employee Benefit Plans: Portfolio Concepts and Management, May 1-4, 2023

    Publications
    All Publications
    3 Items Tax Pros Want To See In Student Loan Matching Regs
    Henry Talavera, Employee Benefits & Executive Compensation Vice Chair, discusses the IRS's new proposed regulations on student loan matching contributions.
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    New Final Department of Labor Rules on Investment Advice are Immediately Challenged in Court
    The U.S. Department of Labor (“DOL”) recently issued final, new regulations (the “rules”) regarding who is considered an investment advice fiduciary that are slated to become generally effective on September 23, 2024, as well as some additional changes to prohibited transaction exemptions applicable to investment advisors. The new rules were immediately challenged on May 2nd by the Federation of Americans for Consumer Choice, Inc., among others, in a lawsuit against the DOL and the Secretary of Labor filed in the Northern District of Texas. The plaintiffs essentially allege, among other allegations, that the DOL exceeded its authority in issuing the rules in contravention to a Fifth Circuit case that invalidated a prior iteration of these rules. The DOL has asserted that it merely is
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