David Scott Sloan

David Scott Sloan

Trusts and Estates

4.0 (1 reviews)
Boston, Massachusetts
38+ years experience
Holland & Knight LLP
Updated:

Contact Information

10 St. James Avenue, 11th Floor, Boston, MA 02116
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Bio

David Scott Sloan co-chairs Holland & Knight's National Private Wealth practice. Mr. Sloan serves as general counsel to wealthy individuals, their families and their businesses. He works closely with clients throughout the United States to design and implement sophisticated strategies integral to family wealth planning. High-net-worth individuals, including principals of private equity, venture capital and hedge fund firms, private and public company executives, real estate developers, entrepreneurs and business owners, turn to him for advice and counsel in all aspects of wealth transfer strategies, income and transfer tax planning, philanthropy and business succession.Special Planning for Private Equity, Venture Capital and Hedge Fund Principals. The unique nature of private equity funds requires specialized planning for the principals of such funds. Implementation of any wealth transfer strategy requires careful attention to the nature of the principal's ownership interest, the fund documents and the waterfall distribution. Mr. Sloan works closely with private equity fund principals to structure transfers involving their carried interests in their funds. Following such transfers, extensive additional planning opportunities are developed that are designed to maximize future wealth transfer while minimizing overall family transfer taxes. Mr. Sloan is often called upon by fund counsel to develop strategies specific to their fund principals and has made several presentations to such groups. Mr. Sloan engages in similar, specific business planning for venture capital and hedge fund principals.Sophisticated Planning for Executives of Public Companies and Entrepreneurs. Mr. Sloan works at the forefront of the cross-section of wealth transfer and securities rules applicable to public company executives. Planning techniques for these executives who may be designated as "insiders" by the Securities and Exchange Commission (SEC) depends upon sophisticated design and careful implementation. Mr. Sloan balances these complex issues while ensuring that the privacy needs of these high profile individuals are respected.Family Investment Entities. Family investment entities are designed to expand the investment horizons of its members while providing for business and family succession opportunities. Pooling family assets offers several advantages, including access to investments that would otherwise be unavailable to certain family entities and individuals, centralization of asset management decisions and the resulting reduction of overall investment fees and potential creditor protection. Mr. Sloan creates new entities to accomplish these goals and works with clients' investment advisors to ensure that appropriate investment policies are developed that focus on the overall asset mix, as well as the different investment objectives applicable to a client's taxable and nontaxable estate.Private Company Succession Planning. A workable succession plan requires considerable development that often evolves over a multiyear period. Succession planning is necessarily an iterative process that requires close interaction between owners of privately held businesses and their advisors. Mr. Sloan guides business owners in designing and implementing a succession plan that balances the current and future needs of the business and the owner. Such coordination is particularly critical where an entrepreneur wants to transfer the business to the next generation but is relying on the ownership interest in the company to fund retirement.Pre-liquidity Event Planning. Prior to a sale of a business or a major liquidity event, there are several wealth transfer opportunities that should be considered. Such strategies often focus on passing potential wealth to future generations in a tax-efficient manner. Mr. Sloan is often called upon to assist owners of businesses that are embarking upon such transactions to guide them in this critical pre-translation planning process.In addition to his active practice, Mr. Sloan holds many leadership positions both within the community and at Holland & Knight. Mr. Sloan currently serves as the chairman of the board of trustees of The Boston Conservatory. He is also co-chair of Holland & Knight’s Private Wealth Services Group, the largest trusts and estates practice in the United States. Mr. Sloan served on the firm’s Board of Directors for nine years and served as the Business Section’s Deputy Section Leader for 11 years. During Mr. Sloan's tenure on the Board of Directors, he chaired the Board’s Strategic Planning Committee for over five years. Mr. Sloan is a fellow in the American College of Trust and Estate Counsel (ACTEC) and serves ACTEC as a member of the Massachusetts State Committee.Mr. Sloan has published numerous articles and has been quoted in several publications, including The Wall Street Journal, The New York Times, Fortune Magazine, Business Week, Inc. Magazine, Financial Planning Magazine, The Boston Business Journal, Private Wealth Management and the New York Law Journal. His opinions have been sought out on a variety of current tax issues and have aired on television and radio. The unique nature of private equity funds requires specialized planning for the principals of such funds. Implementation of any wealth transfer strategy requires careful attention to the nature of the principal's ownership interest, the fund documents and the waterfall distribution. Mr. Sloan works closely with private equity fund principals to structure transfers involving their carried interests in their funds. Following such transfers, extensive additional planning opportunities are developed that are designed to maximize future wealth transfer while minimizing overall family transfer taxes. Mr. Sloan is often called upon by fund counsel to develop strategies specific to their fund principals and has made several presentations to such groups. Mr. Sloan engages in similar, specific business planning for venture capital and hedge fund principals. Sophisticated Planning for Executives of Public Companies and Entrepreneurs. Mr. Sloan works at the forefront of the cross-section of wealth transfer and securities rules applicable to public company executives. Planning techniques for these executives who may be designated as "insiders" by the Securities and Exchange Commission (SEC) depends upon sophisticated design and careful implementation. Mr. Sloan balances these complex issues while ensuring that the privacy needs of these high profile individuals are respected. Family Investment Entities. Family investment entities are designed to expand the investment horizons of its members while providing for business and family succession opportunities. Pooling family assets offers several advantages, including access to investments that would otherwise be unavailable to certain family entities and individuals, centralization of asset management decisions and the resulting reduction of overall investment fees and potential creditor protection. Mr. Sloan creates new entities to accomplish these goals and works with clients' investment advisors to ensure that appropriate investment policies are developed that focus on the overall asset mix, as well as the different investment objectives applicable to a client's taxable and nontaxable estate. Private Company Succession Planning. A workable succession plan requires considerable development that often evolves over a multiyear period. Succession planning is necessarily an iterative process that requires close interaction between owners of privately held businesses and their advisors. Mr. Sloan guides business owners in designing and implementing a succession plan that balances the current and future needs of the business and the owner. Such coordination is particularly critical where an entrepreneur wants to transfer the business to the next generation but is relying on the ownership interest in the company to fund retirement. Pre-liquidity Event Planning. Prior to a sale of a business or a major liquidity event, there are several wealth transfer opportunities that should be considered. Such strategies often focus on passing potential wealth to future generations in a tax-efficient manner. Mr. Mr. Sloan has published numerous articles and has been quoted in several publications, including The Wall Street Journal, The New York Times, Fortune Magazine, Business Week, Inc. Magazine, Financial Planning Magazine, The Boston Business Journal, Private Wealth Management and the New York Law Journal. His opinions have been sought out on a variety of current tax issues and have aired on television and radio.

Practice Areas

Trusts and Estates

Awards & Recognition

  • Recognized: Trusts and Estates
  • Practice Area: Closely Held Companies and Family Businesses Law
  • Practice Area: Private Funds / Hedge Funds Law
  • Practice Area: Tax Law
  • Special Focus: Corporate
  • Martindale-Hubbell AV Preeminent Peer Review Rated
  • Guide to the World's Leading Trusts and Estates Practitioners, Legal Media Group's Expert Guides, 2011, 2015
  • Chambers USA – America's Leading Business Lawyers guide, Massachusetts Tax: Estate Planning, 2012-2016; Nationwide Wealth Management: Eastern Region, 2014-2016
  • Massachusetts Super Lawyers magazine, 2005-2016
  • Chambers High Net Worth guide, Private Wealth Law: Massachusetts, 2016; Private Wealth Law: USA, 2016

Recognized in Best Lawyers since 2005

Education

  • Boston University, graduated 1987
  • Albany Law School of Union University, graduated 1985

Reviews

S

Steven Rogers

2 weeks ago

Expert guidance for our family business succession plan

We engaged David Sloan at Holland & Knight to structure a succession plan for our family-owned manufacturing business, a complex task involving multiple generations and asset classes. His 38 years of experience, particularly his recognized expertise in closely held companies, was immediately evident. He didn't just draft documents; he acted as true general counsel, thoughtfully integrating our business and personal wealth goals. His deep knowledge of trusts and estates was crucial in creating a tax-efficient structure that provides for both family harmony and business continuity. The process was thorough and his strategic advice was invaluable. While his response time could occasionally be slower during peak periods, the quality of the work justified the wait. We have tremendous confidence in David and his team for our ongoing needs.

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