As an associate in the Employee Benefits and Executive Compensation practice, Rafael focuses his work on a variety of employee benefits matters. Rafael partners with Polsinelli attorneys on designing and implementing qualified plans, health and welfare plans and non-qualified compensation arrangements. Additionally, Rafael provides counseling services that align legal strategies with clients’ business objectives. Rafael has been able to leverage his immigrant background to assist clients in their international endeavors in the benefit space, particularly in Latin America.

Prior to joining the firm, Rafael served as Polsinelli summer associate and law clerk. Aside from the creation and implementation of benefit plans, his experience includes navigating audits and appeals under the Internal Revenue Service, the Department of Labor and the Pension Benefit Guaranty Corporation. He also has experience working with ESOPs and other types of profit sharing plans.

Education

  • University of Kansas School of Law (J.D., 2019)
    • Kansas State University (B.A., 2016)

      Bar Admission

      • Kansas, 2021
      • Missouri, 2019

      Recognition

      • Named one of Best Lawyers: Ones to Watch® in America in Employee Benefits (ERISA Law), 2026
      Publications
      All Publications
      ESOP Transactions and the Duty to Monitor Revisited
      Key Takeaways: Board’s Duty to Monitor the Trustee: A company’s board of directors has a fiduciary duty to monitor the ESOP trustee’s actions in an ESOP transaction, ensuring that the trustee is acting in the exclusive interest of the ESOP participants and has sufficient information to make informed decisions with respect to the transaction. Trustee Certification and Fairness Opinion: Historically, it has been standard practice for the ESOP trustee to provide a certification confirming several aspects of a transaction, including a financial advisor’s opinion on the adequacy of the deal consideration and the fairness of the transaction's terms. Role of Special Meetings: Based on recent caselaw, advisors have begun holding a special meeting with the board and trustee before the closing of the
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      Department of Labor Proposes Rule on Valuing Stock for ESOP Stock Purchase and Sale Transactions
      On January 16, 2025, the Employee Benefits Security Administration (EBSA) at the Department of Labor (DOL) released drafts of long-awaited proposed regulations seeking to clarify the definition of “adequate consideration” as set forth in Section 3(18)(B) of ERISA and a proposed class exemption from certain prohibited transaction restrictions in connection with an employee stock ownership plan’s (ESOP) initial acquisition of privately held employer stock from a selling shareholder.   The ESOP community has sought clear guidance on what the term “adequate consideration” means ever since ERISA’s inception 50 years ago. Although EBSA first proposed “adequate consideration” regulations in 1988, the DOL never finalized these rules. Without such guidance, the ESOP community has expressed concerns that plan sponsors, selling shareholders and ERISA fiduciaries could be left
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