Anthony E. Antognoli

Practice Focus
Anthony Antognoli focuses his business practice on the representation of large and mid-size clients in the areas of employee benefits, federal taxation, and tax-exempt organization matters.

Mr. Antognoli advises employers on the design and drafting of qualified retirement plans, nonqualified deferred compensation plans, equity compensation plans and welfare benefit plans. He also regularly counsels employers on a broad range of related issues, including multiemployer pension plan withdrawal liability, employee stock ownership plans (ESOPs), educational assistance plans and other fringe benefit programs, and requirements for the investment of plan assets. He has recently devoted a substantial portion of his practice to advising employers on complying with 2010’s health care reform legislation and related guidance.

Mr. Antognoli primarily counsels clients on transactional matters, with a focus on issues arising in mergers and acquisitions. He has served as lead ERISA counsel in a $320 million acquisition of an industrial firm, as co-tax and ERISA counsel in the $90.5 million sale of a managed care firm, and as co-tax and ERISA counsel in the acquisitions of several tax-exempt health care systems.
He has also represented clients in controversies before the Internal Revenue Service and U.S. Department of Labor, and in litigation in the United States Tax Court and the United States District Court for the Northern District of Illinois. His reported cases include:
  • DeGrave v. National Automatic Merchandising Association, 39 Benefits Cas. 2871 (N.D. Ill. 2007).
  • DeGrave v. National Automatic Merchandising Association Pension Plan, 392 F.Supp.2d 1032 (N.D. Ill. 2005).
Professional Background
Since 2007, Mr. Antognoli has served as an adjunct faculty member in the Taxation LL.M. program at Loyola University Chicago School of Law.

His professional memberships include the Chicago Bar Association, where he is a member of the Employee Benefits Committee. He was the 2005–2007 Chair of the Committee’s IRS Liaison Subcommittee. He is also a member of the ESOP Association.

In 2012, Mr. Antognoli was included on the Rising Stars list, by Illinois Super Lawyers magazine.

Mr. Antognoli joined Hinshaw & Culbertson LLP in April 2003.
Publications and Presentations
Mr. Antognoli is a co-author of Chapter Seven, “Special Employee Plan Issues Arising in Mass Employment Terminations,” of the “Employment Termination Practice Handbook,” published by the Illinois Institute of Continuing Legal Education in 2011. He was quoted in “Fiduciaries Take the Heat,” an article published in the August 2009 edition of Human Resource Executive magazine.

His other publications include:
  • Co-author of comments of the Chicago Bar Association’s Employee Benefits Committee regarding future of the Employee Plans determination letter program, August 2003.
  • "State Taxation of Business Trusts: Limits, Concerns and Opportunities," co-author, Journal of Multi-State Taxation in February 2000 and reprinted by Business Entities, September/October 2000.
  • "Fiduciary Duties Under the 'Serious Consideration' Standard," co-author, DC Plan Investing, November 2000.

Mr. Antognoli’s presentations include:
  • "Employee Stock Ownership Plans as a Business and Tax Planning Vehicle", Strafford Publications, live webinar, January 2012.
  • "Using Leveraged ESOPs," Northern Trust, Chicago, Illinois, May 2011.
  • "The Evolving Look of Health Care Reform," DuPage Society for Human Resource Management, Lisle, Illinois, April 2011.
  • “Health Care Reform: Where We Are Now,” Illinois Association of School Boards’ Joint Annual Conference, Chicago, Illinois, November 2010.
  • “Perspectives on Health Care Reform,” Hinshaw’s 2010 Health Care Conference, Lisle, Illinois, November 2010.
  • “Health Care Reform: Where We Are Now,” 2010 Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 2010.
  • “Health Care Reform,” Hinshaw Breakfast Briefing, Chicago, Illinois, April 2010.
  • “Health Care Reform: The Uncertain Shape of Things to Come,” DuPage SHRM Legislative Update Meeting, Naperville, Illinois, April 2010.
  • “Employee Benefits Update – Health Care Reform,” Hinshaw’s 2009 Annual Labor & Employment Seminar, Hoffman Estates, Illinois, October 2009.
  • “Mediation Skills and Strategies,” Illinois Institute of Continuing Legal Education, 12th Annual Employment Labor Law Update, Champaign, Illinois, March 2009.
  • “Annual Employee Benefits Update,” Hinshaw’s Labor & Employment seminar, Oak Brook, Illinois, November 2008.
  • “Wellness Programs: Navigating the Waters,” Mid American Group, Inc. 2008 Employee Benefits Seminar and Luncheon, Oak Brook, Illinois, May 2008.
  • “Keeping Up with 403(b) Compliance,” Professional Development Alliance of Will County Boards of Education, Joliet, Illinois, January 2008.
  • “Employee Benefits Issues in Individual and Mass Terminations,” Hinshaw’s “Effectively Dealing with Current Labor & Employment Issues” seminar, Chicago, Illinois, September 2007.
  • “Retaining Employees Through Employee Benefit Programs,” Life Services Network, 2007 Annual Convention & Exposition, Chicago, Illinois, March 2007.
  • “Selected Provisions of the Pension Protection Act of 2006,” Hinshaw’s “Effectively Dealing with Current Labor & Employment Issues” seminar, Lisle, Illinois, November 2006.  
  • “The Latest Regulatory and Legislative Changes Affecting Employee Benefits,” Hinshaw’s “Effectively Dealing with Current Labor & Employment Issues” seminar, Chicago, Illinois, September 2005 and again in Lisle, Illinois, November 2005.