Practice Areas

Health & Welfare Plans

Our group excels in its representation of clients in all aspects of the multiple regulatory requirements that face plan sponsors and fiduciaries in designing, implementing, funding and administering health and welfare benefits for active and retired employees.

We regularly create funding vehicles, such as salary reduction agreements and Voluntary Employee Beneficiary Associations (“VEBAs”), and obtain related IRS determination letters.

We have a deep knowledge of ERISA’s claims and appeals procedures and summary plan description regulations, COBRA, discrimination statutes and HIPAA.

We have extensive experience in negotiating contracts with pharmacy benefit managers including cost-saving pharmacy programs, third-party claim administrators, insurers and other service providers.

We also assist clients in audits and investigations conducted by regulatory agencies such as the U.S. Department of Labor. We routinely draft and review the numerous notices and government filings that must be complied with.

In addition to our work with traditional health plans, we also are leaders in designing individual account health plans such as health reimbursement arrangements, health savings accounts, and flexible spending accounts.

We have extensive experience with the design, implementation and administration of cafeteria plans and their interaction with providing health and welfare benefits.

Awards

employment_awards

Who’s Who Legal Awards

Charter Fellows of the College of Labor and Employment Lawyers

Former Chairs of the American Bar Association’s Labor and Employment Law Section

New York Super Lawyers

Former Chairs of the New York State Bar Association’s Labor and Employment Law Section

Former Chair of the American Bar Association’s Equal Employment Opportunity Committe

AV Peer Review Rating by Martindale-Hubbell

Practice Highlights

  • Counsel to multi-billion dollar pension funds.
  • Successfully designed, created and obtained regulatory approval of a cutting-edge welfare benefit plan with multiple employer participation.
  • Negotiated a severance package and agreement for a senior executive of a Fortune 500 company.
  • Successfully defended a multiemployer pension plan against the Department of Justice, having several hundred thousand dollars in penalties abated.
  • Counsel to the employee benefit plans of professional athletes.
  • Established nonqualified deferred compensation plans for tax-exempt entities with significant assets.
  • Counsel to VEBAs with individual assets exceeding $500 million.
  • Negotiated an employment agreement for a senior executive in conjunction with a change in control.