Attorney Weller focuses his practice in the areas of estate planning, taxation, and business transactions, including mergers and acquisitions. David provides legal representation to individuals, businesses and tax exempt entities.
David chairs the firm’s Tax Practice Group and provides comprehensive tax planning, preparation and representation before the IRS and other taxing authorities. David has been with Boardman & Clark LLP, or its predecessor law firms, since 2001. Prior to that time, he worked for several years at a public accounting firm and is a certified public accountant.
Attorney Weller has significant experience in estate planning and administration of trusts and estates, including estates subject to federal estate tax. As part of that estate planning, he has set up several family foundations. Further, David has particular experience in mergers and acquisitions, having negotiated and successfully closed numerous deals on both the buyer side and on the seller side.
Admitted to Practice
- Wisconsin State Courts
- United States District Court for the Western District of Wisconsin
- United States Tax Court
Representative Work
- Estate planning and administration of trusts and estates of all sizes; including Federal taxable estates
- Numerous mergers and acquisitions in the $5 million to $30 million range
- Received Private Letter Ruling Request from IRS regarding employee benefit plan that saved the client income taxes on approximately $500,000 of income
Honors & Recognition
- Named to The Wisconsin Super Lawyers®: Rising Stars, 2006-2011
- AV Preeminent® Rating by Martindale-Hubbell® Peer Review Ratings™
See our disclaimer regarding third-party awards.
Presentations, Publications, & Contributions
- Co-author and Co-Presenter, "Deciding on Probate Procedures and Income Tax Considerations," Wisconsin State Bar: Handling a Basic Probate, June 2013, June 2015, February 2019
- Co-author, "Representing the Client: The Basics, Chapter Two of Eckhart's Estate Planning Workbook," State Bar of Wisconsin Sixth Edition, 2014, and Seventh Edition, 2019. 2021 S-PP & 2022 S-PP.
- Co-author, “Marital Property Law and Practice in Wisconsin” State Bar of Wisconsin Fifth Edition, 2019
- Co-author, "Keeping the Books - Accounting in Trust Administration," "Fundamentals of Trust Administration," NBI, November 2007
- Presenter, "Planning for the Credit Shelter Trust Through 2011 and Related Basis Issues," University of Wisconsin Law School CLEW, November 2001 and November 2002
- Presenter, "Annual Tax and Employee Benefits Update," Boardman & Clark LLP Annual School Law Seminar, November 2002 through November 2021
Community Involvement & Board Memberships
- Downtown Kiwanis – Membership Committee, Former Foundation Board Member
- Downtown Madison, Inc. (DMI) – Government Relations Committee, Former Member
- RFDF, Former Board Member
Professional Memberships
- State Bar of Wisconsin
- Wisconsin Certified Public Accountant
- Dane County Bar Association
Education
- J.D., University of Wisconsin Law School, 1997
- B.S.B., Curtis L. Carlson School of Business, University of Minnesota, 1993
David’s Latest Writing & Presentations
Federal Court Strikes Down 2024 Salary Level Rules
School Law FYI | 11.18.24
In April 2024, the Department of Labor issued rules (“2024 Rules”) that increased the salary level that had to be paid to executive, administrative, or professional employees so that the employees were not entitled to overtime pay under the FLSA. The 2024 Rules did not change the primary duties tests, nor did they change the salary basis test. On Friday, November 15, 2024, a federal court in Texas struck down the entirety of the 2024 Rules and ruled his decision applied nationwide.