Robert Shaw focuses his practice on litigation and state and local taxation. Mr. Shaw has represented clients in a broad range of tax litigation matters, including corporate income tax disputes, sales and use tax, property tax, tax planning, tax exemptions, tax incentives, and constitutional challenges to tax assessments.
Robert Shaw focuses his practice on litigation and state and local taxation. Mr. Shaw has represented clients in a broad range of tax litigation matters, including corporate income tax disputes, sales and use tax, property tax, tax planning, tax exemptions, tax incentives, and constitutional challenges to tax assessments.
He has also represented clients in employee benefits disputes ranging from benefits plan design to disputes over employee benefits under ERISA, as well as commercial cases. Mr. Shaw’s employee benefits experience includes successful litigation of an ERISA dispute before the U.S. Court of Appeals for the Fourth Circuit.
Mr. Shaw's litigation and tax controversy experience has included cases before the North Carolina Business Court, U.S. District Court, North Carolina Superior Court, the North Carolina Court of Appeals and the U.S. Court of Appeals for the Fourth Circuit. He has lectured and written articles on business law, state and local tax, employee benefits, and antitrust. Before joining Williams Mullen, he served as a law clerk to the Honorable Malcolm J. Howard, U.S. District Court for the Eastern District of North Carolina.
Mr. Shaw is a member of the Section of Taxation for the American Bar Association, including the State and Local Tax Subcommittee. He is a founding member of the Raleigh-Durham chapter of the Institute for Professional in Taxation. He is admitted to practice in all state and federal courts in North Carolina, as well as the U.S. Court of Appeals for the Fourth Circuit.
Mr. Shaw is an Eagle Scout. He is also a member of the Young Professionals Network of the Greater Raleigh Chamber of Commerce and the North Carolina Symphony's Players Society. He is active in Legal Aid of North Carolina's Project Together, and also serves as director of young adults at Sacred Heart Cathedral.
A graduate of Wake Forest University, Mr. Shaw earned his B.S., magna cum laude, as a Presidential and Carswell Scholar. He holds an M.A. degree from Duke University and a law degree from the University of North Carolina at Chapel Hill, where Mr. Shaw was a Chancellor’s Scholar and graduated with honors. Mr. Shaw is a member of Phi Beta Kappa and Omicron Delta Kappa Leadership Society. In 2004, he was named the University of North Carolina School of Law Pro Bono Law Student of the Year.
- Represented individual involved in a wrongful termination of employee benefits under ERISA case in federal court. Case was later appealed in the U.S. Court of Appeals for the Fourth Circuit.
- Litigated several corporate income tax cases before the Office of Administrative Hearings.
- Defended online travel companies in a case a class action case filed on behalf of all North Carolina jurisdictions levying occupancy taxes. At issue was whether or not fees for online travel bookings were subject to occupancy taxes. Williams Mullen worked as North Carolina counsel with national lead counsel and four other law firms to defend the case. Williams Mullen litigated the case in the U.S. District Court for the Eastern District of North Carolina, and later handled the appeal to the U.S Court of Appeals for the Fourth Circuit.
- Defended university against FERPA claim brought by the parent of a student arising from the student's performance at the university.
- Defended insurance company in employee benefits dispute over coverage for a governmental employee benefits plan. Case settled.
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04.16.2013
Court Dismisses ERISA Case Concerning Investments in Mortgage-Backed Securities
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03.27.2013
Bill Filed To Replace Franchise Tax with Business Privilege Tax
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03.25.2013
The Second Circuit Finds a Crucial Limitation in the Moensch Presumption For Retirement Plan Fiduciaries
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02.27.2013
Williams Mullen North Carolina Attorneys Named 2013 Super Lawyers and Rising Stars
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02.22.2013
Retirement Plan Plaintiffs Were Not Required To Exhaust Administrative Remedies Before Filing Their Class Action
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01.23.2013
Fourth Circuit Holds That Plan Administrators' Alleged Fiduciary Breach Based on 401(k) Plans' Fund Selection Is Time-Barred
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12.18.2012
The Emerging Frontiers for Equitable Remedies under ERISA in the Fourth Circuit: Moon v. BWX Technologies
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11.20.2012
The strategic importance of ERISA preemption in wrongful termination cases: Swindler v. Ben Lippen School and Columbia International University
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11.01.2012
SALT Alert: North Carolina Corporate Income and Franchise Tax Developments
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09.19.2012
Seventh Circuit Allows Retaliation Claim By Complaining Plan Participant
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08.20.2012
Sixth Circuit Case Highlights Potential Traps for Employee Health Care Benefits: Clarcor, Inc. v. Madison National Life Insurance Co., Inc.
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07.23.2012
North Carolina Tax Update
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07.11.2012
McCravy v. Metropolitan Life Insurance Co.: Recognizing A Broader Scope for ERISA’s Equitable Remedies
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06.22.2012
Exhaustion of Plan Remedies Required For Benefits Claim: Woodard v. Fredericksburg Hospitalist Group, P.C.
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05.21.2012
Eleventh Circuit Rules That Home Depot Plan Fiduciaries Did Not Breach Their Duties Related to the Plan’s Company Stock Fund: Lanfear v. Home Depot, Inc.
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04.19.2012
Retirement Plans’ Fiduciaries Are Found Liable to Plans for $36.9 Million: Tussey v. ABB, Inc.
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03.16.2012
Fiduciary Not Liable For Money Damages in Action to Recover Death Benefits: Stocks v. Life Insurance Company of North America
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02.16.2012
Corporate Spin-Off and a New Retirement Plan Did Not Violate Employees’ Rights Under ERISA: Nauman v. Abbott Laboratories
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01.18.2012
Fourth Circuit Upholds Plan Administrator's Interpretation to Deny Disabled Doctor's Benefits Claim
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12.14.2011
Fourth Circuit Rules That Retirement Plan Trustees’ Failures Must Have Causal Link to Plan Losses In Order to Hold Trustees Liable: Plasterers’ Local Union No 96 Pension Plan v. Pepper, No. 10-1364 (4th Cir., December 1, 2011)
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11.23.2011
Second Circuit Rules in Favor of Retirement Plan Administrators Where Plan Requires Investments in Company Stock
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11.04.2011
Revenue Laws Study Committee Considers Changes to Forced Combination Legislation
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10.18.2011
Case Holds That ERISA Claims Based On Initial Investment Decisions Are Time-Barred
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10.12.2011
Recent Developments in North Carolina Property Tax
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10.07.2011
Recent Developments in North Carolina Corporate Income and Franchise Tax
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09.20.2011
Plan Investment Decisions Are Protected in Loomis v. Exelon Corporation
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08.16.2011
Second Circuit Holds that Retained Asset Accounts Are Not Plan Assets
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07.20.2011
IRS Expands Trust Fund Recovery Penalty Assessments to Third Party Payroll Providers
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07.19.2011
Court Requires Strict Adherence To Plan Amendment Provisions: Tatum v. R.J. Reynolds Tobacco Co., No. 1:02-CV-373 (M.D.N.C. June 1, 2011)
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06.20.2011
Supreme Court Expands the Scope of Equitable Relief for Retirement Plan Plaintiffs
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05.06.2011
ERISA Case Alert - May 2011: George v. Kraft Foods Global, Inc.
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04.08.2011
Court’s Remedial Power Under ERISA Includes Grant to the Substitute Fiduciary to Terminate Pension Plan Solis v. Clark Consulting v. Malkani, et al., No. 09-1383(L) (4th Cir. Mar. 16, 2011)
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03.17.2011
Several Mistakes by the Claim Administrator Lead to an Award of Disability Benefits
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01.26.2011
Veera v. Ambac Plan Administrative Committee, et al. “Stock Drop” Case Proceeds in Federal Court
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11.17.2010
Spouse’s Decision to Retire Does Not Support Participant’s Fiduciary Breach Claim Against His Own Retirement Plan
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10.21.2010
ERISA Fiduciary Duties Do Not Apply to Employer Under a Non-ERISA Stock and Incentive Plan
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09.13.2010
Recent Case Holds That ERISA Plan Fiduciaries Cannot Seek Reimbursement from the Contingency Fee Award to the Participant's Attorney
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08.01.2010
North Carolina Update - Property Tax Developments
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07.15.2009
New Law Extends the Benefits Provided to Corporations that Voluntarily Report Antitrust Violations to Federal Regulators
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06.01.2009
New Antitrust Division Head Breathes New Life Into Section 2 Antitrust Enforcement
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01.14.2009
Williams Mullen Assists with Significant Appellate Court Victory
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10.22.2008
DOJ Antitrust Division Report on Section 2 Enforcement Policy Exposes Rift with FTC
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11.01.2007
North Carolina Update: Sweeping Changes Made to Tax Appeal System