Mr. Overholt is a member of the firm's Commercial Law Department. He has practiced law in Phoenix for more than 29 years, focusing on pension/benefits, corporate, tax, labor and construction law.

Mr. Overholt serves as counsel for the management appointed trustees for many Arizona Taft-Hartley employee benefit funds including the Operating Engineers, Laborers and Teamsters, Carpenters and Plumbers and Pipefitters. Additionally, he represents the Boards of Trustees of many multi-employer apprenticeship programs including the Laborers, Operating Engineers, Pipe Trades, Electricians and Teamsters. These representations have provided Mr. Overholt, as management counsel, with a unique relationship with the major construction industry labor unions.

In addition, Mr. Overholt has represented management in union organization campaigns both in single and multiple union campaigns and litigated proceedings before the NLRB.

Mr. Overholt has also litigated benefits claims cases, disclosure cases, structural defect cases, breach of fiduciary duties cases, and labor trustee v. management trustee cases. He served as lead counsel for a group of trust funds against its former investment managers in which the trust funds obtained in excess of $101 million.

Mr. Overholt devotes a substantial part of his practice to representing trustees of Taft-Hartley employee benefit plans, including pension, annuity, health and welfare, vacation and apprenticeship trust funds. Over the course of his career, he has represented 24 Taft-Hartley trust funds and their trustees in virtually all facets of their operations including:

• IRS audits and litigation
• DOL audits and litigation
• Penalty assessments
• Negotiations with the PBGC

 
Negotiation of all service provider agreements:

• Third party administration agreements
• Network provider agreements
• Consultant/actuary agreements
• Investment manager agreements (hard and soft dollar)
• Investment performance monitor agreements
• Insurance retention agreements
• Custodial agreements

Presentations

• Speaker, “Taft Hartley Trust Funds,” University of Arizona 26th Annual Labor Law Symposium, Tucson, Arizona (1999)
• Speaker, “Ethical Considerations under ERISA,” 6th Annual LSU Labor Law Symposium, Orlando, Florida (1990)
• Speaker, “The 1986 Tax Reform Act,” Associated General Contractors of America, Arizona Chapter, Phoenix, Arizona (1987)
• Speaker, “ERISA Preemption,” State Bar of Arizona, Phoenix and Tucson, Arizona (1986)
• Speaker, “Fiduciary Responsibilities Under ERISA,” Maricopa County Bar Association, Phoenix, Arizona (1985)

Community Activities

• Associated General Contractors of America, Arizona Chapter, Governmental Affairs Committee, Legislative Committee
  
• Scottsdale/Paradise Valley YMCA, Director, 1987-1988
  
• Janet Napolitano for Attorney General, Finance Committee Member, 1998

Professional Affiliations

• Federal Bar Association
  
• International Foundation of Employee Benefits Plans
  
• American Bar Association
  Labor and Employment Law Section , Member
  Law Practice Management Section , Member
  Executive Committee, Young Lawyers' Division , Member , 1985
  
• State Bar of Arizona
  Employment and Labor Law Section , Member
  Employee Benefits Committee , Chair , 1985-1986
  Corporate Counsel Section , Member
  Construction Law Section , Member
  Tax Law Section , Member
  Probate & Trust Section , Member
  
• Maricopa County Bar Association
  

Admitted to Practice

• Arizona, 1982

Court Admission

• U.S. District Court, District of Arizona, 1982
• U.S. Tax Court, 1983
• U.S. Court of Appeals, Ninth Circuit, 1982
• U.S. Court of Appeals, Federal Circuit, 1982

Education

• J.D. , John Marshall Law School (Chicago) , 1982
  The John Marshall Law Review, Member
• B.A. , University of Arizona , 1978