Jessica works with clients on a broad array of employee benefits matters, advising on compliance with ERISA, the Internal Revenue Code, the Affordable Care Act, HIPAA and COBRA. She regularly advises on compensation and benefits aspects of employment agreements and severance arrangements. She also frequently works with clients on negotiating employee benefit vendor contracts and HIPAA business associate agreements for employee benefit plans.
In corporate transactions, Jessica negotiates employee benefits representations and covenants, conducts due diligence review of employee benefit plan documentation, and advises clients on executive compensation issues arising under Section 409A and Section 280G.
- Advises clients with respect to the design, drafting and operation of defined benefit plans, 401(k) plans, cash balance plans, and other tax-qualified retirement plans.
- Assists clients with the design, implementation and operation of welfare benefit plans including self-funded and fully insured group health plans, cafeteria plans and flexible spending arrangements.
- Advises clients on the impact of, and compliance with, the Affordable Care Act, the SECURE Act, the CARES Act, the American Rescue Plan Act, and other recent legislation affecting benefit plans.
- Works with clients on designing, drafting and implementing nonqualified deferred compensation arrangements, including Section 409A compliance.
- Advises tax-exempt clients on structuring deferred compensation arrangements under Code sections 457(b) and 457(f).
- Regularly advises clients on equity-based compensation arrangements.
- Advises clients with respect to employee benefits issues arising in corporate mergers, acquisitions and reorganizations, including compliance with 280G stockholder approval requirements for non-publicly held companies, 409A compliance, and issues arising in connection with benefit plan transitions.
- Regularly advises benefit plan fiduciary committees on their fiduciary duties under ERISA.
- Negotiates contractual arrangements and HIPAA business associate agreements with employee benefit plan service providers.
- Assists clients in correction of violations under the DOL’s Voluntary Fiduciary Correction Program (VFCP) and correcting plan errors under EPCRS, including self-correction and submission under the IRS Voluntary Compliance Program (VCP).
- Works with clients on freezing and terminating pension plans in compliance with PBGC and IRS rules.
- District of Columbia
- New York
BSFS, Georgetown University Walsh School of Foreign Service, International Politics, cum laude, 2005
Areas of Practice
- Employee Benefits
- Executive Compensation/Employee Benefits
- ERISA Litigation
- Advises clients with respect to the design and operation of tax-qualified retirement plans to ensure compliance with ERISA, the Internal Revenue Code and other applicable law.
- Assists clients with the design, implementation and operation of welfare benefit plans including group health plans, cafeteria plans and flexible spending arrangements, to ensure compliance with ERISA, the Internal Revenue Code, HIPAA and COBRA.
- Advises clients on compliance with health care reform.
- Member, American Bar Association, Tax Section, Employee Benefits Committee – Assistant Vice Chair, Mergers & Acquisitions Subcommittee
- Where Calif. Privacy Law and Employee Benefits Data Collide, Law360
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