Practice Areas
Tax, ERISA, Employee Benefits and Executive Compensation
Practice Description
- Employee benefits and executive compensation
- Qualified plans-Design pension and profit sharing plans and advise plan sponsors on issues regarding establishment, administration and termination of tax-qualified plans. Represent clients in IRS applications for determination letters and resolution of compliance failures.
- Plan assets and fiduciary duties-Structure investment vehicles for investment of pension plan assets under ERISA. Advise plan fiduciaries regarding pension plan investments, prohibited transactions and exemptions to the prohibited transaction rules.
- Corporate transactions-Advise clients on employee benefits matters in mergers, acquisitions, joint ventures and outsourcing transactions. Negotiate plan transfers in connection with such transactions.
- Executive compensation-Advise clients on compensation of executives, deferred compensation arrangements, stock-based incentive programs and employment contracts.
- Welfare benefits-Advise clients regarding welfare benefits matters, including flexible spending arrangements, COBRA, HIPAA privacy rules and VEBAs.
Education
- B.A., 1973 St. John's University (cum laude, Education, Social Studies)
- M.A., 1977 New York University (History)
- J.D., 1988 Fordham University School of Law (Urban Law Journal, Moot Court)
Admissions
1989 New York
Affiliations
- American Bar Association (Employee Benefits Subsection of the Tax Section; Nonqualified Deferred Compensation Subsection of Real Property, Probate and Trust Law Section)
- Fordham University Alumni Association
- American Council on Germany
Publications Available on this website...
"
IRS Confirms New Restriction on Performance-Based Compensation,"
Client Advisory, February 27, 2008; "
Code Section 409A: Limited Relief From Documentary Compliance this Year,"
Client Advisory, November 5, 2007; "
Code Section 409A Compliance: What To Do Before Year End,"
Client Advisory, October 1, 2007; "
The Pension Protection Act Modifies ERISA "Plan Asset Rules","
Client Advisory, August 17, 2006; "
Health Plan Coverage Extended for Employees in Military Service,"
Client Advisory, March 15, 2005; "
The Treatment of Stock Options Under the Fair Labor Standards Act,"
Client Advisory, March 21, 2000
Presentations
2nd Annual Bankruptcy Pro Bono Program: Panelist, “From the Courtroom to the Classroom,” May 31, 2006
Illustrative Matters
| Qualified Plans |
Prepared IRS submissions under the Employee Plans Compliance Resolution System to remedy plan nondiscrimination testing failures resulting from the sponsor’s retroactive disqualification as a “separate line of business.”
Advised plan fiduciary committee in its lawsuit against plan administrator for breach of duty in connection with mismanagement of a plan loan program.
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| Plan Assets |
Consulted with a real estate operating company that develops commercial properties in Russia to structure acquisitions that would attract pension plan investors.
Advise private investment companies regarding ERISA fiduciary requirements.
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| Corporate Transactions |
Merged seven separate profit sharing plans into a single plan in anticipation of the sale of the corporate sponsor.
Advised clients about multi-employer pension plan withdrawal liabilities.
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| Executive Compensation |
Prepared employee stock purchase plans, stock option plans and non-qualified deferred compensation plans for public and privately-held companies.
Advised employers issuing options in foreign parent company stock to U.S. employees.
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| Welfare Benefits |
Terminated a voluntary employees’ beneficiary association.
Advised clients on the establishment and administration of flexible spending plans.
Prepared privacy policies for group health plans to comply with HIPAA requirements.
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