Andrea Bailey Powers

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Of Counsel
1400 Wells Fargo Tower
420 20th Street North
Birmingham, Alabama 35203
T: 205.244.3809
F: 205.488.3809

Andrea Bailey Powers is of counsel in the Firm's Birmingham office. As an employee benefits attorney, Ms. Powers has over twenty years of experience with all aspects of executive compensation and employee benefits matters, including the design and administration of qualified plans, health and welfare benefit plans, and non-qualified plans. 

Because nearly every business is impacted by health care reform, Ms. Powers spends much of her time helping companies address compliance issues and business realignment in the wake of the Affordable Care Act. She also advises on fiduciary compliance issues, and represents clients in IRS and U.S. Department of Labor audits and investigations, as well as pursuing corrections under EPCRS and VFCP.

Ms. Powers focuses heavily on clients in the health care industry, as well as regional and national companies in the manufacturing and hospitality industries. She has significant experience representing third party administrators (TPAs) and employers with respect to administrative service agreements and ERISA compliance.

She oversees the design and implementation of equity and synthetic equity programs to compensate executives in both established and startup companies. She routinely works with buyers and sellers to coordinate benefits issues in mergers and acquisitions, including retirement plan mergers, change of control payments and mid-year health plan issues. Ms. Powers also provides counsel with respect to executive compensation issues, including IRC §§ 409A, 162(m) and 280G (Golden Parachute) analysis.

Publications & Speaking Engagements

  • Ms. Powers frequently speaks to national audiences for the Society for Human Resource Management, WEB, Worldwide Employee Benefits Network, Lorman Educational Services, and private groups. Ms. Powers has been published in Corporate Counsel magazine and the Birmingham Business Journal.
  • Presenter – "The IRS has ruled: All Marriages Are Created Equal," Baker Donelson Webinar (September 2013)
  • Author – "DOL Update on Qualifying Reasons for Leave Fact Sheet," Baker Donelson's Labor & Employment Update (August 2013)
  • Presenter – "Navigating the Challenges of Same-Sex Marriages, Domestic Partnerships and Civil Unions," Alabama State SHRM Conference (May 14, 2013)
  • Presenter – "The Affordable Care Act and Employer-Sponsored Health Plans," Alabama Utility Contractors Association (January 2013)
  • Presenter – "ESOP In Ownership Succession Planning" and "Ethical Considerations," National Business Institute (December 17, 2012)
  • Presenter – "The Supreme Court Has Ruled: Now What for Employer Health Plans under the Affordable Care," Birmingham Business Alliance (October 2012)
  • Presenter – "Impact of Health Care Reform on Employer Plans," Baker Donelson Fall Focus (October 4, 2012)
  • Co-author – "Ready To Be Sued For Expected Benefits?" Baker Donelson Alert (June 8, 2011); reprinted in Chattanooga Manufacturers Association Newsletter (June 2011)
  • Co-author – "Employee Benefits in Mergers and Acquisitions: Buyer Beware," The ASPPA Journal (Winter 2011)
  • Presenter – "Cutting Edge Retirement Plan Design for Professional Service Firms," seminar (November 2010)
  • Presenter – "Impact of Healthcare Reform on Employers," Nashville Bar Association (November 2010)
  • Author – "Health Care Reform's Impact on Employers," Construction News (2010, Issue 1)
  • Co-author – "Spotlight on Health Care Reform: Age 26 Requirements," Reprinted: Employment and Labor Update, Lorman Education Services (June 2010)
  • Co-author – "Know Your Risk Tolerance Before Self-Insuring," Society for Human Resource Management's Legal Report (September – October 2009) 
  • Presenter – "Fiduciary Duties for Retirement Plans," Atlanta Chapter of the Worldwide Employee Benefits Network, Atlanta, Georgia (January 15, 2009)
  • Presenter – "Benefits Boot Camp," Society for Human Resource Management Annual Conference, Las Vegas, Nevada (June 2007)
  • Presenter – "Ignorance is No Longer Bliss: What the Average Plan Sponsor Needs to Know About Recent 401(k) Lawsuits over Excessive Fees," Swerdlin Educational Series, Atlanta, Georgia (November 2006)
  • Presenter – "Managing Fiduciary Liability," SHRM Southeast Human Resource Conference, Atlanta, Georgia (October 2006)
  • Presenter – "401(k) Liability Management for Top Executives," A.G. Edwards Client Seminar, Atlanta, Georgia (August and September 2006)
  • Presenter – "Introduction to Health Plans – COBRA, HIPAA, & Funding Issues," WEB Benefits Boot Camp, Atlanta, Georgia (May 2006)

Professional Honors & Activities

  • Member – Alabama State Bar Association
  • National Program Chair – WEB, Worldwide Employee Benefits Network
  • Past President, Atlanta Chapter, WEB, Worldwide Employee Benefits Network
  • Former Board Member – National Women in Pensions, Inc.
  • Board of Directors – Oasis Counseling Center for Women and Children (Treasurer, 2011)
  • Adjunct Professor – Georgia State University (1999 – 2004)

Admissions

  • Alabama, 2008
  • Georgia, 1993
  • U.S. District Court for the Middle District of Georgia, 1995

Education

  • University of Virginia School of Law, J.D., 1993
    • Managing Editor, Virginia Tax Review
    • Volunteer Tax Preparation
    • Legal Aid Society
  • University of Alabama, B.S., 1990, cum laude
    • Beta Alpha Psi
    • Mortar Board, Anderson Society, The XXXI