Keith F. Overholt

Mr. Overholt has practiced law in Phoenix for more than 40 years, focusing on pensions and benefits, corporate, tax, labor, and construction law. He 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, Mr. Overholt 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

Mr. Overholt also assists clients with the negotiation and compliance monitoring of all service provider agreements:

• Pharmacy benefits management 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

Admitted to Practice

• Arizona (1982)

Court Admission

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

Blogs

• “NLRB Rules that Employees May Use Company E-mail for Union Organization,” Jennings Strouss Blog (December 15, 2014)

Presentations

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

Federal Bar Association

International Foundation of Employee Benefits Plans

State Bar of Arizona

• Member, Employment and Labor Law Section
• Chair, Employee Benefits Committee (1985 – 1986)
• Member, Corporate Counsel Section
• Member, Construction Law Section
• Member, Tax Law Section
• Member, Probate & Trust Section

Jennings Strouss PLC Committee

• Past Co-Chair

Associated General Contractors of America, Arizona Chapter

• Member, Governmental Affairs Committee
• Member, Legislative Committee

Jennings Strouss Foundation

• President, Board of Directors

Janet Napolitano for Attorney General

• Member, Finance Committee (1998)

Scottsdale/Paradise Valley YMCA

• Director (1987 – 1988)