Stephen L. Ferszt Attorney

First Admitted: 1986, New York

Professional Webpage: http://www.olshanlaw.com/attorneys-Stephen-Ferszt.html

Bar/Professional Activity:

Past Chair, Advisory Committee on Tax Exempt and Government Entities (ACT) of the Internal Revenue Service, 2012-2014
American College of Trust and Estate Counsel (ACTEC), Employee Benefits in Estate Planning Committee, 2023-2024
American Bar Association
IRS Northeast Area Pension Liaison Group
Legal Advisory Board Member, Small Business Council of America
New Jersey State Bar Association, Executive Council of the Taxation Law Section
Past Chair, Taxation Law Section, New Jersey State Bar Association
Past Chair, Employee Benefits Committee, New Jersey State Bar Association
New York State Bar Association, Tax Section

Transactions:

Assisting numerous employers in designing, drafting and implementing qualified and nonqualified retirement plans, for public and nonpublicly held companies, including equity-based compensation plans, nonqualified deferred-compensation arrangements, supplemental executive retirement plans, and change-in-control agreements.
Advising pension, 401(k) and ESOP fiduciaries in proper documentary and operational compliance with applicable Internal Revenue Code and ERISA regulatory guidance.
Representing plan sponsors in IRS, U.S. Department of Labor and Pension Benefit Guaranty Corporation (PBGC) audits and investigations.
Advising various hospital systems throughout the U.S. in managing distressed defined-benefit pension plans before the Pension Benefit Guaranty Corporation (PBGC) and the Internal Revenue Service (IRS), including ultimate distressed termination proceedings.
Advising C suite executives in the implementation and operation of various equity- and nonequity-based compensation programs including golden parachute issues, 280G shareholder voting, due diligence matters, and implementation of post-transaction compensation and benefits.
Counseling plan sponsors on compliance matters, IRS determination letter requests, and voluntary compliance matters under the IRS Employee Plans Compliance System (EPCRS) and U.S. Department of Labor Voluntary Fiduciary Correction Program (VFCP) and Delinquent Filer Voluntary Correction Program (DFVCP).
Representing employers in withdrawal liability matters including MPPAA arbitrations.
Advising companies on 409A (deferred compensation), 280G (golden parachute payments) and 162(m) (compensation deduction limitations) matters.
Negotiating and advising on executive severance programs, employment agreements.
Advising clients on Affordable Care Act (ACA), COBRA, and HIPAA reporting and compliance matters.
Represented employers through a Department of Labor investigation of their 401(k) plans.
Represented the plan sponsor of a large defined-benefit pension plan in a Pension Benefit Guaranty Corporation (PBGC) audit and investigation.

Honors/Awards:

Named to the New York Metro Super Lawyers list, New York Metro Super Lawyers
Consistently recognized for Employee Benefits (ERISA) Law/Trusts and Estates since 2007, The Best Lawyers in America®
Among the “Top Lawyers” for Employee Benefits and Trusts and Estates Law, New York magazine
5.0/5.0 Peer Rated for Highest Level of Professional Excellence, Martindale-Hubbell AV Preeminent®
Awarded for representation of George Feldenkreis in his nomination of directors and successful unsolicited acquisition of Perry Ellis, “Deal of the Year” and “Activist Campaign of the Year”, The Deal
PSI CHI Honor Society

Educational Background:

J.D., Benjamin N. Cardozo School of Law, Yeshiva University,
B.A., Boston University Psi Chi Honor Society

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