Donald J. Capuano

Donald J. Capuano, who died in 2018 at age 83, was a skilled employee benefits lawyer who guided unions in matters under the Employee Retirement Income Security Act of 1974 (“ERISA”). He was inducted as a Charter Fellow of the American College of Employee Benefits Counsel (the “College”) in 2000.

Don attended the New York State College for Teachers in Albany (now known as the University at Albany, SUNY) with the intention of becoming a teacher. Following his 1955 graduation, the law beckoned, and Don moved to Washington, DC to attend Georgetown University Law School, where he was a member of the Georgetown Law Journal.

Following graduation from law school in 1959, he was a law clerk to Judge Charles F. McLaughlin of the U.S. District Court for the District of Columbia. He then served as a staff attorney on the Board of Monitors, appointed by the District Court to provide independent compliance oversight of the International Brotherhood of Teamsters. Don soon joined the three-lawyer firm of O'Donoghue & O'Donoghue, which grew to more than 30 lawyers. He continued to practice law there for more than 50 years, many as its senior partner. Don retired in 2011.

Don's practice spanned the full range of labor, employee benefits, and employment law issues, with the goal to improve the lives of the working people of America. He served as counsel to a number of international and local unions, as well as to many national and local employee benefit funds. He represented clients before the National Labor Relations Board (“NLRB”), as well as state and federal courts, including in two oral arguments before the United States Supreme Court.

In addition to his practice, Don gave back to the profession as an active participant in a number of professional and honorary organizations and societies. He served as a member of the Judicial Conference of the District of Columbia, Chair of the Labor Law Committee of the Bar Association of the District of Columbia, and Chair of the American Bar Association's Section of Labor and Employment Law. He also was a Fellow of the College of Labor and Employment Law, active on their Board of Governors, and a frequent speaker at many labor law programs around the country.

Among his other interests, Don was an avid runner, having participated in many races across the country. Don was remembered not only as a respected leader and gentle educator, but also as a humble attorney who treated younger lawyers as colleagues and always had his door open for others.

Photo Source: The Decade Book, American College of Employee Benefits Counsel 2000-2010