Attorneys

Practices

Education

  • New York University School of Law Masters of Law in Taxation - Executive Program (2020)
  • Baylor Law School J.D., cum laude (2005)
  • Texas A&M University Bachelor of Arts in Agribusiness (2002)

Jessica Palvino

Counsel
Email:jpalvino@mwlaw.com
Phone:(512) 480.5116
Location: Austin
Bar Admissions: Texas

Possessing extensive experience as both a lawyer and former COO, Jessica Palvino is uniquely qualified to help clients navigate the complexities of their legal and fiduciary responsibilities. She specializes in providing practical and creative risk management solutions for administrators and sponsors of employee welfare benefit and retirement plans. Her fiduciary-focused practice is rooted in her deep understanding of the challenges associated with plan sponsorship and administration. Jessica’s practice aligns with her personal commitment to improving the welfare and well-being of others, which is reflected in her representation and support of community-based nonprofit organizations. She serves on the Board of Directors of the The Sobering Center Local Government Corporation, served previously on the Board of Directors and as Board President of Thinkery and served as Chair of the 2018 City of Austin Charter Review Commission.

Experience

  • Advises plan sponsors and administrators on changes to the Internal Revenue Code, ERISA, HIPAA and related regulatory notices and guidance. Partners with clients on practical implementation of changes.
  • Provides counsel regarding a wide variety of pension tax issues, including annual 1099-R and 1042-S tax reporting obligations, rollovers, required minimum distributions, defined benefit limit testing and withholding/reporting obligations related to nonresident aliens.
  • Advises on correction process for plan administration errors, including those related to benefits and tax reporting.
  • Counsels  Association Health Plans on federal and state legal regulatory requirements.
  • Represents clients in defending benefit appeals, including in hearings at the State Office of Administrative Hearings.
  • As former tax counsel to 401(a) qualified governmental plan, provided daily guidance and support to business on a wide array of questions related to plan administration and fiduciary matters, plan qualification questions, executive compensation and federal income tax matters.
  • As Legal and Compliance COO for the sixth largest public pension fund in the U.S., successfully designed and implemented the first legal operations function for in-house legal department. Responsible for managing all outside counsel processes including RFQ for fiduciary and investment counsel.
  • In over a decade in private practice as a recognized young litigator, successfully tried multiple cases to jury verdict and administrative hearings to final Proposals For Decision on behalf of both plaintiff and defendant clients. Drawing on broad and deep multi-forum experience, successfully litigated products cases in state and federal courts in Pennsylvania, North Carolina, California, Oklahoma, Virginia, District of Columbia, Vermont, New Jersey, Iowa and Texas.

Representative Experience

  • Drake v. Allergan, United States District Court, District of Vermont, Cause No. 2:13-cv-234. Jury trial in BOTOX® personal injury lawsuit on behalf of victim resulted in verdict for client. Reported opinion at 111 F.Supp.3d 563 (D. Vt. 2015).
  • Helton v. Allergan, Cause No. CJ-2009-2171, Oklahoma County District Court. Jury trial in BOTOX® personal injury lawsuit on behalf of victim resulted in verdict for client.
  • Campbell v. Polaris, United States District Court, Western District of Texas, 1:14-cv-00891, representing plaintiff. Jury trial in federal court resulted in defense verdict.
  • McConley v. Campbell, Cause No. D-1-GN-12-003190, Travis County District Court. Obtained defense verdict for client in jury trial representing defendant.
  • Casar v. Pressley, Cause No. D-1-GN-15-000374, Travis County District Court. On behalf of elected city council member, obtained no-evidence summary judgment in election contest.
  • Spears v. Allergan, Cause No. 30-2008-00180033CU, Orange County Superior Court of California. Jury trial in BOTOX® personal injury lawsuit on behalf of defendant.
  • Ugochukwu, et al. v. Johnson & Johnson, et. al., Cause No. 81648-A, in the Probate Court No. 1 of Travis County, Texas. Significant role performing research, discovery, briefing and arguing motions to compel in landmark Ortho-Evra birth control patch litigation against Johnson & Johnson.

Professional Presentations 

  • Speaker, Qualified Plans 101, 2021 Tax Law in a Day, State Bar of Texas Tax Section (virtual)
  • Speaker, Qualified Retirement Plan Checkup and Update for 401(a) and 401(k) Plans, 2020 Employee Benefit Plans of Tax-Exempt and Governmental Employers, ALI CLE (virtual)
  • Speaker, Governmental Plans Update, 2020 Employee Benefit Plans of Tax-Exempt and Governmental Employers, ALI CLE (virtual)
  • Speaker, Qualified Retirement Plan Checkup and Update for 401(a) and 401(k) Plans, 2019 Employee Benefit Plans of Tax-Exempt and Governmental Employers, ALI CLE (Washington, DC)
  • Speaker, Governmental Plans Update, 2019 Employee Benefit Plans of Tax-Exempt and Governmental Employers, ALI CLE (Washington, DC)
  • Speaker, Electronically Stored Information Discovery – Beyond Weekly Homes, 39th Annual Advanced Trial Course, TexasBarCLE
  • Speaker, E-Discovery, TCWLA Day in Federal Court, Travis County Women Lawyers' Association, Austin, TX

Professional Recognition

  • Texas Super Lawyers Rising Star, (2014-2016)
  • Outstanding Young Lawyer Award, Austin Bar Foundation and Austin Bar Association (2015)
  • Texas Lawyer Litigation Department of the Year, Products Liability (2015)
  • Member of the trial team that prosecuted the 2010 “Verdict of the Year” in the State of Oklahoma (Helton v. Allergan)

Involvement

  • Board of Directors, Sobering Center 
    • Chair, Governance Committee 
  • Chair, City of Austin Charter Review Commission (2018)
  • Board of Directors, Thinkery, Austin, TX (2013-2018)
    • Chair (2016-2017)
    • Led an executive organizational transition, oversaw the hiring process for a new CEO, and launched 7-year strategic planning process.

News & Articles

Firm News

Articles

Publications

  • Co-Author, “5 Litigation Trends for 2016", Corporate Counsel
  • Co-Author and Co-Presenter, Nonparty Discovery in Arbitration and Litigation, Texas Bar Association Advanced Evidence and Discovery
  • Co-Author, Aiding-and-Abetting Liability: Is Privity Making a Comeback?, 70 TEX. B.J. 52 (2007)