Primary Office

450 East Las Olas Boulevard
Suite 1400

Ft. Lauderdale, Florida
33301-4206

P: (954) 462-2000

F: (954) 523-1722

jdavis@gunster.com

James Davis is a shareholder who joined the firm in 2001.

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Practice Areas[ - ]

• ERISA and Employee Benefit Law
• Corporate and Business Law
• Taxation
• Estate Planning
• Represent healthcare providers and hospitals in drafting and negotiation of healthcare contracts
• Representation of physicians and medical professionals in matters including:
• Anti kickback laws, Patient referral act, employment agreements, shareholder agreements, buy in and buy out agreements, welfare benefit plans, 403b, 457 plans, qualified and nonqualified plans of an exempt organization, executive compensation of exempt organizations and representation of affiliated service groups

Education[ - ]

• Southern Methodist University, J.D., 1975
• University of Arkansas, M.B.A., 1972
• University of Arkansas, B.S., 1971

Honors[ - ]

• Miami Area Employee Benefits Lawyer of the Year, Best Lawyers 2011
• Chambers & Partners, Leaders in Their Field, Tax: Employee Benefits, 2009-11
• Chambers USA, Tax and Employee Benefits, Band 1
• Preeminent AV Rated as independently determined by Martindale-Hubbell
• Florida Super Lawyers, 2006-09, 2011
• The Best Lawyers in America, Employee Benefits, Tax Law, Trusts & Estates, 2009-12
• Who’s Who Legal, Employee Benefits
• Leading Florida Attorneys: Taxation and Trusts & Estates
• South Florida Legal Guide, Top Lawyer
• Order of the Coif, Southern Methodist University School of Law
• Blue Key, University of Arkansas
• Graduate Assistantship Accounting Dept., University of Arkansas
• Research Assistantship, SMU School of Law

Professional Designations[ - ]

Certified Public Accountant Examination, 1971

Seminars & Presentations[ - ]

• “Plan Your Exit from Business Ownership: An exclusive seminar for business owners and their advisors,” Boca Raton, October. 14, 2010
• Estate Planning for the Closely Held Business, SunTrust Roundtable, 2010
• The Twin Tax Payment Procrastinators:  Sections 6166 and 6161, SunTrust Roundtable, 2006
• Use of Trusts as an IRA Beneficiary Designation a/k/a “The Distrust,” SunTrust Roundtable, 2006
• IRAs and Charitable Giving “What You Don’t Know May Hurt You,” Planned Giving Council of Broward County, 2006
• “Employee Benefits for Dummies,” Fiduciary Forum USI Securities, 2005
• “IRA and Qualified Plan Beneficiary Designations,” Northern Trust, 2005
• “What You Need to Know About Deferred Compensation In a Nutshell,” Greater Fort Lauderdale Tax Council, 2004
• Non-Qualified Deferred Compensation under 409A, Greater Fort Lauderdale Tax Council, 2004
• “The Legal Environment,” Fiduciary Forum – Florida Atlantic University, 2002
• “Retirement Planning for Lawyers:  It’s All About You,” The Florida Bar, 2000
• “Structuring Agreements Among Lawyers in Florida Law Firms,” The Florida Bar, 2000
• The Incredible Shrinking Estate, The Florida Bar CLE Tax Section, Program Chair and Moderator, 1996
• Income Shifting and Wealth Transfer Using Discounts and Family Limited Partnerships, The Florida Bar, 1994
• Designation of IRA and Qualified Plan Beneficiaries in Estate Planning, The Florida Bar, 1994
• Tax Aspects in Retirement Plans Including IRAs, Qualified Plans and Other Retirement Arrangements, The Florida Bar, 1989
• Employee Fringe Benefits, The Florida Bar, 1986
• Section 414(m)(n)(o) – Affiliated Service Groups: Leasing Arrangements & Management Organization, The Florida Bar, 1984
• Parity and Disparity Provisions Under TEFRA, The Florida Bar, 1983

Publications[ - ]

• “The Pension Plan Crisis:  Municipalities and Private Companies Share Woes,” Compensation and Benefits Review, July/August 2006
• “The Funding Crisis in Municipal Pensions,” Contingencies, May/June 2006
• “Physician, Fund Thyself,” Florida Medical Business, August 2005

Professional Associations & Memberships[ - ]

• Broward County Bar Association: Section of Taxation, Chair, 1991-97 Young Lawyers Section, President, 1980-81
• American Bar Association, Committee on Employee Benefits, member; Committee on Professional Service Corporations, member; Section of Taxation, member

Bar Admissions[ - ]

• The Florida Bar, 1975 Board Certified Tax Lawyer, 1983-present Board of Legal Specialization and Education, member, 1996-02 Board of Legal Specialization and Education, Chair, 2001-02 Educational Programs, Section of Taxation, Director, 1999-01 Section of Taxation, Treasurer, 2001-02 Tax Certification Committee, member, 1993-96 Young Lawyers Section Board of Governors, 1977-83 Young Lawyers Section Board of Governors, Secretary, 1980
• The Texas Bar, 1975

Civic & Community Service[ - ]

• Greater Fort Lauderdale Area Tax Council, President, 1985-86, Board of Advisors, 1986-present
• Broward County Estate Planning Council, President, 1998-99
• Nova Southeastern University, Certificate of Planned Giving, Faculty member, 1995