Emphasis
Executive Compensation
Retirement Plans
Health and Welfare Plans
Early Retirement Programs
COBRA
Severance Plans
Benefits Aspects of Mergers and Acquisitions
Biography
Mr. Friedman is Chair of the Firm's Employee Benefits and Executive Compensation Practice Group. He advises employers on a variety of aspects of employee benefits law, including the structuring and implementation of qualified and non-qualified retirement plans, welfare and fringe benefit programs, early retirement programs and severance plans. He has extensive experience in counseling employers in ERISA and tax compliance issues related to employee benefit plans, dealing with governmental agencies which regulate such plans and construing employee benefits laws such as COBRA and FMLA. Mr. Friedman also advises clients on the manner in which employee benefit plans may be terminated, modified or restructured and has proficiency in plan conversion issues.
Mr. Friedman has broad experience in dealing with the legal, financial and administrative issues arising under executive compensation arrangements, including deferred compensation, supplemental executive retirement arrangements and stock-related compensation (stock appreciation rights, phantom stock plans and stock option plans). He has extensive experience in analyzing issues related to section 409A of the Internal Revenue Code. His expertise extends to employee benefits issues in connection with corporate transactions. Prior to joining Littler Mendelson, Mr. Friedman spent almost ten years as Benefits Counsel for a major multinational electronics and entertainment company. Mr. Friedman has appeared on CNN, and has been quoted in The Wall Street Journal, U.S. News and World Report, USA Today, The National Law Journal and many legal and business publications on employee benefits topics.
Education
J.D., Boston University School of Law, 1985
LL.M., Taxation, New York University School of Law, 1988
B.B.A., Emory University, 1982
Publications
"Key Challenges in Compensating Executive Under Section 409A," Human Resources 2008 – Answers to Your Top 25 Questions, Thompson Publishing, 2008
"IRS Releases 2009 Health Spending Account Limits," Littler ASAP, May 2008
"IRS Changes the Rules for Performance-Based Compensation," Littler ASAP, April 2008
"2008 Compliance Strategies for Employers in Light of Final 409A Regulations," Compensation & Benefits Review, Vol. 40, Issue 2, April 2008.
"US Supreme Court Allows EEOC Medicare Coordination Ruling to Stand," Littler ASAP, March 2008
"DOL Checklist OfferKey to the Mysteries of Wellness Program Identification," Littler ASAP, March 2008
"New Rules Permit 2% Shareholder – Employee to Deduct Employer – Paid Accident and Health Premiums and Reimbursements," Littler ASAP, December 2007
"IRS Extends 409A Compliance Deadline and Provides Guidance on 409A Reporting," Littler ASAP, November 2007
"DOL Extends Section 409A Documentation Deadline – Action Still Required By December 31, 2007," Littler ASAP, September 2007
"Section 409A Broadly Impacts Employment Agreements, Severance Arrangements and Settlement Agreements," Littler Insight, August 2007
"Final Section 409A Regulations Affect a Wide Range of Compensation Devices and Require Employer Action by Year-End," Littler ASAP, April 2007
"Civil Unions Protected and Discrimination Barred in New Jersey," Privacy & Data Security Law Journal, April 2007
"IRS Releases First Pension Protection Act Guidance," Littler ASAP, February 2007
"Benefits Issues in Mergers and Acquisitions," IICLE Practice Handbook - Labor and Employment Issues in Transactions, Business Restructuring and Workforce Reductions, 2007.
"New Jersey Extends Statutory Rights and Protections to Civil Union Partners and Prohibits Discrimination on the Basis of Gender Identity or Expression," Littler ASAP, January 2007
"Just In Time For the Holidays – Changes In Health Savings Account Rules Under the New Health Opportunity Patient Empowerment Act of 2006," Littler ASAP, December 2006
"The IRS Extends Transitional Rules for Deferred Compensation – And Reminds Employers of Their Current Obligations," Littler ASAP, October 2006
"Cash Balance Comeback – New Opportunities for Employers in Wake of Court Decision and New Legislation," Littler ASAP, August 2006
"New Jersey Mandates Insurance Coverage For Dependents Under Age 30," Littler ASAP, February 2006.
"Year-End Employee Benefits and Executive Compensation Checklist," Littler ASAP, December 2005.
"Steps Every 401(k) Sponsor Should Take to Minimize Fiduciary Risks," Employee Benefits Plan Review, October 2005.
"Flexibility From IRS For Flexible Spending Accounts," World Trade Executive, July/August 2005.
Co-Editor Executive Compensation, Open Compliance and Ethics Group Manual, June 2005.
"IRS Allows Employers to Provide Grace Period for Flexible Spending Accounts," Littler ASAP, June 2005.
"Recent District Court Decision May Hamper Employers Ability to Reduce Retiree Health Care Programs for Medicare-Eligible Retirees," Littler ASAP, April 2005.
"Changing Rules on Deferred Compensation Plans," GC New York, March 2005.
"New Legislation May Require Extensive Changes for New and Existing Executive Compensation Arrangements," Case n’ Point (online newsletter of the California Bar Association), January 2005.
Lectures & Presentations
Strafford Legal Teleconference, “Employee Severance: Crafting and Negotiating Enforceable Contracts,” January 2008
Strafford Legal Teleconference, “Navigating the New Complexities of Deferred Compensation,” May 2008
Strafford Legal Teleconference, “Final 409A Regulations, Countdown to 12/31/07 Compliance,” October 2007
Strafford Legal Teleconference, “Employee Severance and Release Agreements: The Courts’ Latest Rulings,” July 2008
Lorman Seminar, "Hot Topics in Health Benefit Plans," Philadelphia, PA, June 2007.
Littler Webinar, "What You Don't Know About Deferred Compensation Can Hurt You – Do You Have an Action Plan?," May 2007.
IOMA Audio Conference, "Executive Compensation: How to Comply with New IRS Rules on Section 409A," May 2007
New York State Bar Association, "The New World of Deferred Compensation under Section 409A," New York, December, 2006.
National Business Institute, "Legal and Practical Considerations of Operating a Business," Melville, NY, November, 2006.
Lorman Seminar, "Employment Related Records," New York, May, 2006.
Littler Breakfast Briefing, “The New Deferred Compensation Rules – Critical Concepts You Need to Know,” November 2005.
Association of Law Administrators, “Health Plan Issues,” Washington, DC, September 2005.
Open Compliance and Ethics Group, “Executive Compensation Governance,” Phoenix, September 2005.
American Corporate Counsel, “A Primer on New Deferred Compensation Rules,” New York, May 2005.
American Corporate Counsel, “Benefits Update,” Washington, DC, April 2005.
Defined Contribution/401(k) Plan West Coast Conference, “Fiduciary Concerns of 401(k) Plan Sponsors,” San Francisco, October 2004.
Littler Mendelson East Coast Employer Conference, “Employee Benefits and Executive Compensation Update,” New York, September 2004.
Mid-Atlantic Employers' Association, “COBRA Update,” Philadelphia, June 2004.
Lorman Seminar, “Employment Related Records in New York,” New York, June 2004.
Association of Law Firm Administrators, “HIPAA Compliance,” New York, May 2004.
South Florida Chapter of Society of Certified Employee Benefits Specialists, “Benefits Considerations in Mergers and Acquisitions,” Miami, April 2004.
Mid-Atlantic Employers' Association, “COBRA Update,” Philadelphia, January 2004.
Activities
New York State Bar
Mr. Friedman is an active member of the New York State Bar Association and the Employee Benefits Committee of the Tax section of the American Bar Association and the New York State Bar Association. He regularly comments on pending legislation to governmental agencies.
Mr. Friedman has been named a New York Super Lawyer
Mr. Friedman is a Adjunct Professor, Baruch College, Masters in Tax Course on Employee Benefits, Fall 2008