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Amy Thompson Sunderland

Amy Thompson Sunderland

Senior Counsel

As an ERISA attorney, Amy provides specialized legal counsel to businesses, tax-exempt and government entities, third-party administrators, and multiemployer plans on employee benefits, executive compensation, and tax-related matters, ensuring compliance with the Internal Revenue Code, ERISA, COBRA, the Affordable Care Act, Mental Health Parity Act, and other benefit and tax related laws.

Growing up in a family business, Amy understands many of the pressures employers face and applies a business-minded approach to legal issues. A staunch advocate for her clients, she has successfully defended plan sponsors in government enforcement actions and complex compliance audits, achieving favorable outcomes with minimal business disruption, providing clear, actionable guidance so that businesses can focus on their core operations.

Understanding that benefit plans are critical to workforce retention, Amy provides legal solutions for HR executives, in-house counsel, and benefits administrators who manage and sponsor 401(k) plans, pension programs, group health plans, and executive compensation structures. She represents employers and plan sponsors in state and federal agency enforcement actions as well as conducts voluntary employee benefit plan and fiduciary corrections. 

At the intersection of corporate governance and employee benefits law, Amy serves corporate leadership, HR executives, and in-house counsel to mitigate legal exposure, implement fiduciary best practices, and comply with evolving employee benefits laws and regulations.  Amy also provides proactive guidance on corporate transactions and M&A due diligence, ensuring seamless transitions for employee benefit plans and risk assessments for acquiring entities.  

Education
  • University of South Dakota Knudson School of Law (J.D., 2012)
  • John Marshall Law School (LL.M., in Employee Benefits and Tax, with honors, 2015)
  • South Dakota State University (B.A., English, 1993)
  • South Dakota State University (M.A., Rhetoric and Composition, 1999)
Admissions
  • Nebraska (Sustaining Member)
  • South Dakota
  • U.S. District Court, District of South Dakota

News

06/13/2025

Masters Series - June 11, 2025

This week, we proudly hosted our Masters Series seminar, bringing together over 90 attendees from 53 companies to dive deep into the complexities of leave and benefits management. The session, titled "Leave and Benefits A to Z: Navigating State Leave Laws, the FMLA, ADA, Benefit Coordination, and Beyond," provided valuable insights and practical strategies to help organizations stay compliant and support their employees effectively.  


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03/20/2025

McGrath North Welcomes New Attorney Amy Thompson Sunderland

 McGrath North is happy to announce that attorney Amy Thompson Sunderland has joined the firm’s Labor and Employment and Employee Benefits Practice Group.  


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Alerts

05/20/2025

Mental Health Parity Final Rule Enforcement Paused

The Mental Health Parity and Addiction Equity Act (MHPAEA) requires group health plans to provide mental health and substance use disorder (MH/SUD) benefits equal to medical/surgical benefits. In September 2024, federal agencies issued the 2024 MHPAEA Final Rule, introducing new compliance requirements with effective dates beginning January 1, 2025.  


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04/02/2025

What Employer Health and Welfare Plan Sponsors Should Know: Tobacco Surcharges and Legal Risk

Employer plan sponsors that impose tobacco use surcharges on participants enrolled in group health plans should take immediate notice of recent litigation and enforcement trends targeting wellness program compliance under the Affordable Care Act (ACA), HIPAA, ERISA, and related regulations.  


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  • Board Member, Benson Theater
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  • Law Review
  • Symposium Editor
  • Public Interest Network Director
  • Pro Bono Tribal Wills Clinic
  • ERISA Legal Research Assistant