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ERISA Fiduciary Investment Basics 2013


Speaker(s): Alicia C. McCarthy, David M. Cohen, Erin K. Cho, Erin Rose Miner, Glenn E. Butash, Howard Pianko, Ira G. Bogner, Ivan Strasfeld, Javier Hernandez, Linda J. Haynes, Melanie Nussdorf, Michael J. Albano, Patrick S. Menasco, Robert J. Raymond, Sara Pikofsky, Sarah E. Downie, Shannon Barrett, Suzzanne Yao
Recorded on: Feb. 6, 2013
PLI Program #: 42051

Currently, Senior Advisor to Fiduciary Counselors Inc.

Former Director, Office of Exemption Determinations, Employee Benefits Security Administration

Mr. Strasfeld assumed the position of Director of the Office of Exemption Determinations in June 1989. He retired from that position on February 3, 2012.

From 1984 to 1989, he held several positions including Chief of ORI’s Division of  Fiduciary Interpretations and Regulations and Chief of ORI’s Division of Regulatory Coordination.  Mr. Strasfeld was an Employee Benefit Plan Specialist in the Division of Fiduciary Interpretations and Regulations from 1979 to 1984, and a Tax Law Specialist with the Internal Revenue Service from 1976 to 1979.

Mr. Strasfeld received a B.S. degree in 1972 from the State University of New York at Buffalo and a J.D. in 1975 from UCLA School of Law, Los Angeles, CA.


 

Areas of Practice

  • ERISA, Labor & Employment
  • ERISA/
    Employee Benefits/
    Litigation/
    Executive Compensation
  • Employee Benefits/
    ERISA/
    Executive Compensation
  • Tax
  • Congressional Oversight & Investigations

     

    Education

  • New York University School of Law, J.D., 1973
  • University of Pennsylvania, B.A., 1970

     

    Bar & Court Admissions

  • District of Columbia

 

Melanie Nussdorf is a partner in the Washington office of Steptoe, where she is a member of the Tax and Employee Benefits groups.

Her practice spans the entire range of employee benefits, from the tax-based rules for qualified pension plans, to fiduciary issues, welfare benefits, and plan termination. Ms. Nussdorf's particular focus over the last several years has been fiduciary issues, including prohibited transaction exemption questions under ERISA, especially in connection with financial products and services. Ms. Nussdorf represents a number of financial institutions including major banks, investment advisers,brokerage firms, and insurance companies. In addition, she has particular experience in all aspects of the plan termination process, including issues of employer liability for poorly funded plans terminating in or outside of a bankruptcy proceeding. She has done substantial work on ERISA issues relating to hedge funds and private equity vehicles. She also has substantial experience with the exemption and advisory opinion process under ERISA and has worked extensively on legislative issues related to ERISA.

Ms. Nussdorf was counsel for age and sex discrimination at the Department of Labor prior to serving as Executive Assistant to the Solicitor of Labor from 1977-81. During this period, she had significant oversight responsibility for the department's legal work under ERISA. From 1981-84, she served as Special Counsel at the Pension Benefit Guaranty Corporation.

Noteworthy

  • Listed in Best Lawyers in America 1995-2014 for Employee Benefits(ERISA)Law and ERISA Litigation
  • Received Star Individual Rating for DC: Employee Benefits & Executive Compensation in Chambers USA: America’s Leading Business Lawyers 2011-2013
  • Ranked #1 for Nationwide: Employee Benefits & Executive CompensationinChambers USA: America’s Leading Business Lawyers 2011-2013
  • Ranked #1 for DC: Employee Benefits & Executive Compensation and Nationwide: Employee Benefits & Executive Compensation inChambers USA: America’s Leading Business Lawyers 2004-2013
  • Recommended as a Leading Lawyer for Labor & Employment: Employee Benefits & Executive Compensation by Legal 500 US 2009, 2013
  • Recommended for Labor & Employment: Employee Benefits& Executive Compensation by Legal 500 US 2012
  • Recommended for Tax: Employee Benefits & Executive Compensationby Legal 500 US 2011
  • Listedin Washington, DCSuper Lawyers 2007-2013
  • Listed in Lawdragon 3000 Leading Lawyers in America 2011
  • Listed as International Law Office Client Choice Award Guide 2010 winner for USEmployment and Labor 2010

 

Select Seminars & Events

“Other Regulatory Regimes Affecting the Investment Management Industry,” PLI’s Investment Management Institute 2013

"Pension Plan Investment: Current Perspectives," Practising Law Institute's Conference, April 5, 2011

"ERISA Fiduciary Basics," Practising Law Institute's Conference, February 23, 2011

"Investment Management Institute," Practising Law Institute's Conference, February 10, 2011

"CFTC’s Proposed Business Conduct Standards for Swap Dealers: Costs and Consequences to Swap Dealers and Plans," Practising Law Institute's Teleconference, January 25, 2011

"DOL’s Proposed Significant Expansion of the Fiduciary Definition," Practising Law Institute's Teleconference, November 19, 2010

Selected Publications

Expanded Roth Conversion Opportunity for Retirement Plan Participants
January 11, 2013

ERISA Advisory - $36.9 Million Awarded in ERISA Class Action Challenging Investment Selection and Compensation Paid to 401(k) Plan Recordkeeper
May 3, 2012

ERISA Advisory - Department of Labor Releases 408(b)(2) Fee Disclosure Regulations
March 9, 2012

ERISA Advisory - CFTC Announces New Swap Rules
February 2, 2012

ERISA Advisory - Labor Department Issues Final Regulations Addressing Provision of Investment Advice to Participants and Beneficiaries of Self-Directed Individual Account Plans and IRAs
October 31, 2011

ERISA Advisory - Proposed Regulation Redefining Fiduciary
November 5, 2010

ERISA Advisory - ERISA Advisory Council Makes Stable Value Fund Recommendations to Labor Department
November 17, 2009

Melanie Nussdorf Quoted in Pensions & Investments about Revamped Rules for Offering Investment Advice
May 4, 2009

 


Sara Pikofsky has extensive experience with all phases of litigation focusing on violations of ERISA's fiduciary duty and prohibited transaction provisions. Sara's practice also includes matters involving Title IV of ERISA, including representation of the court-appointed section 1114 committee in the second US Airways' bankruptcy. Her experience covers matters at the trial and appellate levels, including having argued numerous appellate cases. In addition, Sara has represented independent fiduciaries appointed by the courts and by benefit plans in a variety of matters, including compliance with U.S. Department of Labor Prohibited Transaction Exemption 2003-39.

Sara previously served as a trial attorney for the U.S. Department of Labor's Office of the Solicitor, Plan Benefits Security Division. In that capacity, she gained significant litigation experience in matters involving pension and welfare plans, including breach of fiduciary duty claims relating to investments in securities and real estate, among others.

EXPERIENCE

JohnsonDiversey Retirement Plan successfully defends against various ERISA claims concerning benefits under cash balance plan
Jones Day represented JohnsonDiversey, Inc.'s cash balance plan with respect to claims that the plan incorrectly calculated lump sum distributions of pension benefits.

Blue Cross Blue Shield of Michigan wins 6th Circuit appeal in important ERISA fiduciary breach case
On December 8, 2010, the U.S. Court of Appeals For the Sixth Circuit ruled in favor of Jones Day's client Blue Cross Blue Shield of Michigan in an important case involving the scope of ERISA's fiduciary conduct rules -- DeLuca v. Blue Cross Blue Shield of Michigan.

Macy's obtains dismissal of ERISA action
Jones Day represented Macy's, Inc. its directors, and the Macy's Pension and Profit-Sharing Administrative Committee in a lawsuit alleging ERISA violations based on Macy's alleged failure to locate former employees and notify them at the time they became eligible to receive normal retirement pensions.

Xerox Corporation defends ERISA class action
Jones Day represented Xerox and certain of its current and former officers, directors, and employees in an ERISA class action alleging that 401(k) plan fiduciaries breached their fiduciary duties in connection with the Xerox Stock Fund, one of the plan's investment alternatives.


Alicia C. McCarthy is Counsel in the Executive Compensation and Benefits Department at Wachtell Lipton.  Ms. McCarthy advises clients with respect to executive compensation and employee benefit matters involving mergers and acquisitions, spin-offs, joint ventures, financings, litigation as well as plan compliance.  Her experience includes ERISA’s fiduciary rules and the investment of plan assets with an extensive background representing financial institutions, fund sponsors and ERISA investors.  She also advises on executive compensation matters including performance-based compensation plans, nonqualified pension plans, and employment, severance and change in control agreements.

Ms. McCarthy chairs the Committee of Employee Benefits and Executive Compensation of the Association of the Bar of the City of New York.  She speaks frequently on executive compensation and ERISA topics for the Practicing Law Institute where she co-chairs the ERISA Investment Fiduciary Basics program.  She is the recipient of the Pro Bono Publico Award (2010, 2011 and 2014) for her services to The Legal Aid Society.  She is also recognized in Best Lawyers of America (2012-2019) in Employee Benefits (ERISA) law and New York Super Lawyers (2013-2018).  She recently co-authored the articles “Sun Capital Redux:  Private Equity and Pension Liability,” The Harvard Law School Forum on Corporate Governance and Financial Regulation (April 5, 2016); “Counting to 80,” Private Equity Manager (August 2013); and “New Ways to Manage Old Pension Liabilities,” Law 360 (June 17, 2013).

Ms. McCarthy received her B.A. in 1981 from Georgetown University and her J.D. cum laude in 1984 from Brooklyn Law School, where she was a member of the Journal of International Law.


David M. Cohen focuses his practice on matters related to fiduciary responsibility, the Employee Retirement Income Security Act of 1974 (ERISA) and qualified plans.

Prior to joining SRZ, David held positions in both the private sector (as vice president and assistant general counsel of a major investment firm) and government service (with the Department of Labor Employee Benefits Security Administration’s Divisions of Regulatory Coordination and Exemptions). He speaks and writes widely on ERISA and benefit fund-related issues, including authoring ERISA compliance guides for broker-dealers for Practising Law Institute and presenting on “Handling ERISA Issues When Managing a Plan Asset Look-Through Fund” for a Financial Research Associates Hedge Fund Tax, Accounting and Administration Master Class and on “Fund Formation Issues,” “Current Topics in Private Equity and Alternative Investments” and “Current Fiduciary Issues” for recent Practising Law Institute Pension Plan Investments and ERISA Plans in the Financial Markets conferences. In recognition of his accomplishments, he was selected for inclusion in New York Super Lawyers, a listing of outstanding attorneys in the New York metro-area, Chambers USA and The Best Lawyers in America. David is a 1981 graduate of The George Washington University Law School and a 1978 graduate of Columbia University.


Erin K. Cho is a partner in the Retirement Services and Employers Practice Groups at Groom Law Group. Ms. Cho advises clients on matters involving ERISA’s fiduciary and conflict of interest rules. She advises asset managers, broker-dealers and investment bankers with respect to the many and varied services and financial products (including complex structured products and derivatives) they offer to U.S. pension plans. She counsels hedge funds and private equity clients on the consequences of accepting investments by benefit plan investors, as well as plan assets and prohibited transaction concerns arising in connection with venture capital investments and corporate transactions. She counsels plan sponsors on all aspects of ERISA fiduciary compliance, including plan governance, plan expense issues and the selection and monitoring of plan investment options. Ms. Cho also represents clients in connection with audits and investigations as well as advisory opinion and exemption requests before the Department of Labor.

Ms. Cho regularly speaks on pension investment matters, including as a co-chair of the Practicing Law Institute’s annual conference, “ERISA: The Evolving World”.  Ms. Cho received her B.A. with distinction in History from Yale University where she was elected to Phi Beta Kappa and her J.D. with honors from Harvard Law School.


Erin Rose Miner is Director at Credit Suisse in New York heading the US regulatory compensation group as well as providing Executive Compensation coverage in the Americas.  Ms. Miner ensures the bank’s compensation plans and programs comply with US regulatory expectations as well as manages the execution of the compensation plans for employees based in the Americas. Ms. Miner received her undergraduate degree in Finance from the University of Maryland, College Park and received her law degree from New York Law School.


Ira G. Bogner is chair of the firm’s Tax Department and a member of the Employee Benefits & Executive Compensation Group. Ira represents a varied list of clients, including financial service companies, entertainment industry clients, and tax-exempt organizations, and also actively represents individual executives in executive compensation matters.

Areas of Concentration

Ira has provided guidance to clients on a wide variety of matters in the areas of employee benefits and executive compensation, including:

  • investment of plan assets
  • implementation of employee benefit plans
  • employee benefit issues in mergers and acquisitions
  • awarding of equity-based compensation
  • negotiation and drafting of employment agreements and severance arrangements
  • structuring, analyzing and maintaining investment funds that are suitable for plan investors

Ira counsels clients with respect to the tax, securities law disclosure, corporate governance, stock exchange and other requirements relevant to executive compensation arrangements. Ira also provides advice regarding equity arrangements, employment agreements, change in control agreements and all other types of executive compensation arrangements, including guidance regarding “409A,” “162m,” “457A,” and “280G.”

Ira frequently is called on to structure and analyze alternative investments for pension trusts and other exempt organizations. He also works with the firm’s corporate and real estate lawyers in structuring and maintaining investment funds that include participation by pension plans. Through his work in the investment fund area Ira has obtained substantial experience in applying the rules provided under the “plan asset” regulations, including the operation of venture capital operating companies and real estate operating companies. He has assisted in the formation of private equity, real estate, infrastructure and hedge funds, including “fund of funds.” Ira also has advised clients on both avoiding ERISA “plan asset” status and operating an investment fund in accordance with ERISA.

Thought Leadership

Ira has published a number of articles in publications such as The New York Law Journal, The New Jersey Law Journal, The Daily Deal, The Journal of Pension Planning and Compliance, Mergers and Acquisitions (The Monthly Tax Journal), The Journal of Taxation and Regulation of Financial Institutions, The Metropolitan Corporate Counsel, European Private Equity & Venture Capital Associations, The LPA Anatomised and Private Equity International and has been named to the Board of Advisors of the Journal of Taxation and Regulation of Financial Institutions. He also has lectured on topics such as the classification of workers, drafting employment agreements, equity alternatives for senior executives, investing IRA assets, the plan asset regulations, shareholder approval of equity plans, Code Section 409A, and key provisions for ERISA investors investing in a private equity fund.

Recognition

Ira has been recognized and ranked by various directories. US Legal 500 has carried the following comments: “Ira Bogner is ‘available, responsive and knowledgeable;” “Ira Bogner ‘provides a level of comfort with respect to business issues that is rare in the world of ERISA;” “Ira Bogner is the ‘go-to guy for fund sponsors needing help with ERISA.’"


Javier Hernandez is a partner in the ERISA, Executive Compensation and Employee Benefits practice at Curtis. His practice includes both executive compensation and employee benefits matters, including qualified and non-qualified retirement plans and welfare benefit plans, executive employment agreements, stock options and other stock compensation, deferred compensation arrangements, change of control agreements and severance arrangements. He counsels clients with respect to plan design and implementation, funding, and operation and compliance, including reporting and disclosure, as well as plan investment and fiduciary issues, plan terminations, and matters involving the Internal Revenue Service, the Department of Labor and the Pension Benefit Guaranty Corporation. Mr. Hernandez also advises clients on the executive compensation and employee benefits aspects of mergers and acquisitions and other corporate transactions, as well bankruptcies and reorganizations.

Mr. Hernandez also advises pension funds and investment funds as to issues under Title I of ERISA, including plan asset, fiduciary and prohibited transaction issues.

MEMBERSHIPS
American Bar Association
Section of Taxation, Employee Benefits Committee

EDUCATION
New York University School of Law, LL.M in Taxation
Harvard Law School, J.D.
Georgetown University School of Foreign Service, B.S.F.S., magna cum laude, Phi Beta Kappa

ADMITTED TO PRACTICE
New York


Linda J. Haynes is a partner practicing in the Employee Benefits and Executive Compensation Department.  She has substantial experience counseling mid-sized to Fortune 500 clients in all elements of employee benefit plans and executive compensation.  Ms. Haynes regularly counsels public and private clients in connection with the design, development and on-going compliance of their employee benefit programs, including qualified and non-qualified retirement plans, health plans, cafeteria plans, and other types of welfare plans.

Ms. Haynes has significant experience in advising clients concerning their defined benefit pension plans, including cash balance and pension equity plans.  In addition, Ms. Haynes has extensive experience in developing and implementing executive compensation programs (including equity-based and deferred-compensation programs) for public and private companies.  Ms. Haynes’ practice also includes advising clients on employee benefits and executive compensation issues raised in mergers, acquisitions and dispositions.

She has substantial experience in advising employee benefit plan fiduciaries regarding their duties and responsibilities. For numerous clients, Ms. Haynes routinely participates in their fiduciary committee meetings.  She frequently conducts training for fiduciary committees, including training regarding general fiduciary duties under ERISA, prohibited transactions and current developments.  Ms. Haynes regularly advises clients regarding fiduciary issues and obligations raised by proposed plan investments.  In addition, she counsels clients regarding employee benefit plan investment policies, negotiates investment management agreements, and reviews alternative investment vehicles.  Ms. Haynes works closely with the firm’s Employee Benefits Litigation group in cases involving complex ERISA issues, including fiduciary issues and hybrid defined benefit plan issues.


Patrick Menasco is a nationally-recognized ERISA and public plan investment lawyer with 25 years of public and private sector experience.  He enjoys longstanding connections with regulators, a broad technical proficiency in ERISA and public plan regulation, and a gift for blending analysis with insight.  Patrick’s work focuses on investment funds (particularly real estate, transportation and stable value-related strategies), general asset management, bank/broker-dealer netting opinions, derivatives and other capital market transactions, prohibited transaction exemptions, government investigations, and adversarial proceedings.  His clients include major national and international financial institutions.

Patrick is also a frequent lecturer on employee benefit investment issues at the Practising Law Institute in New York and has served as an adjunct professor at the George Washington University Law School for ten years. He is regularly recognized by Chambers USA and The Legal 500 lists of top lawyers for employee benefits and executive  compensation.


Practice Area:

Employee Benefits

Plan Governance

Fiduciary Advisory Services

Executive Compensation

International Benefits

Howard Pianko is the head of Seyfarth Shaw’s New York benefits practice and the national chair of its Fiduciary Advisory Services practice group. During his more than thirty-five years of experience in employee benefits law and executive compensation, he has counseled both domestic and international clients on matters running the full benefits gamut. His current practice focuses extensively on fiduciary and plan governance matters, executive compensation (including both domestic and cross-border equity and incentive plans) as well as benefit and employment considerations in M&A transactions, including post-transaction implementation and restructuring.

He is a Charter Fellow in the American College of Employee Benefits Counsel and a founding member of the International Pension and Employee Benefits Lawyers Association. He has been recognized for his professional expertise by, among others, Chambers, Legal 500 and Best Lawyers in America and also designated as a BTI Client Service All-Star. He co-chairs the basic ERISA fiduciary program as well as the more advanced PLI Pension Investment Program intended for more advanced practitioners in this area.


Robert J. Raymond is a partner based in the New York office of Cleary Gottlieb Steen & Hamilton LLP.

Mr. Raymond’s practice focuses on organizing and advising private investment funds, including fund formation for buy-out funds and other “alternative investment” funds. He also advises private investment funds in their investment activities and internal governance, including manager spin-offs, shareholder arrangements with portfolio companies and among consortium members, all forms of compensation arrangements, including co-investment arrangements and carried interest programs and “founders” arrangements. Mr. Raymond also advises clients on all aspects of executive compensation and corporate governance matters.

Mr. Raymond is distinguished by Chambers USA, The Best Lawyers in America, The Legal 500 U.S., Super Lawyers, Lawdragon and The Legal 500 U.S. as a leading lawyer. 

His recent experience includes acting as counsel to Credit Suisse in raising a $1 billion emerging markets credit opportunity fund; MBK Partners in raising its most recent fund; Deutsche Bank in connection with certain fund of funds; JPMorgan in connection with private equity conduit vehicles; Helios Capital in raising their second and largest pan-Africa investment fund to date; TPG in connection with several carry arrangements with industry experts and other individuals; and the spinoff of several managers from large financial institutions. Also counsel to Citigroup Alternative Investments in connection with various carried interest and co-investment programs and to Angelo, Gordon in connection with ERISA fund matters.

Mr. Raymond joined the firm in 1995 and became a partner in 2003. He received a J.D., summa cum laude, from New York Law School in 1994, and an undergraduate degree from the University of the State of New York, Regents College in 1989. From 1994 to 1995 he served as law clerk for the Honorable Roger J. Miner of the U.S. Court of Appeals, Second Circuit.

Mr. Raymond regularly speaks on private investment related topics, including at PLI and ALI-ABA seminars and the IBA/ABA International Conference on Private Investment Funds. He also co-authored an article in the International Finance Law Review entitled “Out of Sync” which compares the EU and US approaches to regulating private investment funds.

Mr. Raymond is a member of the Bar in New York.


Sarah Downie is a partner in Weil’s Executive Compensation & Benefits practice and is based in New York. Ms. Downie advises clients on all aspects of compensation and employee benefits.

Ms. Downie has extensive experience in the executive compensation and employee benefits aspects of mergers, acquisitions and financings. She represents senior executives and companies in the negotiation and drafting of employment and severance agreements. She also advises as to the design and operation of executive and employee benefit arrangements including equity compensation and cash incentive plans, change in control and retention arrangements and nonqualified deferred compensation plans. In addition, Ms. Downie regularly advises employers on the design and operation of tax-qualified retirement plans, including 401(k) plans, 403(b) plans and 457(b) plans, as well as health and welfare benefit plans.

Ms. Downie advises clients on pension plan investment and compliance with ERISA’s fiduciary obligations and prohibited transaction rules. She regularly counsels private fund sponsors in connection with ERISA’s “plan asset” regulations and with VCOC, REOC and similar issues.

Ms. Downie served as Chair of the New York City Bar Association’s Employee Benefits and Executive Compensation Committee and is a member of the Steering Committee of the New York Chapter of Worldwide Employee Benefits Network.


Shannon Barrett is a partner in O’Melveny’s Washington, DC office.  He concentrates his practice on ERISA-related litigation and on providing advice relating to Title I of ERISA. He has been involved in litigating a broad range of ERISA matters at both the trial and appellate levels, with a particular focus on fiduciary issues. In addition to his litigation practice, Shannon has assisted clients in responding to regulatory investigations and has counseled clients, including financial institutions and plan sponsors, on ERISA issues such as fiduciary structure, fee disclosure, and compliance with ERISA’s prohibited transaction provisions. Shannon also has advised independent fiduciaries in their representation of employee benefit plans’ rights in connection with ERISA and securities settlements.

Shannon is a frequent thought leader on ERISA-related topics and serves as the co-editor of the ERISA Litigation Reporter. He is recognized by Chambers USA and Legal 500 in the ERISA Litigation (Nationwide) category.


Suzzanne is associate general counsel and advises the firm on products and services to ERISA (Employee Retirement Income Security Act) plans. She also assists in maintaining the firm’s internal retirement plans. Suzzanne is co-chair of the Firmwide Asian Professionals Network. She joined Goldman Sachs in 2007 as a vice president in the ERISA and Benefits Group and was named managing director in 2013. Prior to joining the firm, Suzzanne was an associate in the Employee Benefits and Executive Compensation Group at Fried, Frank, Harris, Shriver & Jacobson LLP. Suzzanne earned a BA from Columbia University and a JD from Harvard Law School.


As Managing Counsel, U.S. Compensation & Benefits, Glenn Butash provides legal advice to Nokia (formerly Alcatel-Lucent) with respect to the company’s U.S. defined benefit, defined contribution, and employee welfare benefit plans and deferred compensation arrangements.  He advises the company on plan design issues and prepares plan amendments; provides legal advice to the company with respect to plan administration; assists with employee and retiree communications; provides benefits-related legal support in connection with acquisitions, divestitures and other corporate transactions; works on ERISA fiduciary matters arising from the investment of plan assets; addresses executive compensation issues; and oversees employee benefits litigation on behalf of the company and its plans.  He also regularly advises the company’s fiduciary committees regarding their ERISA duties.

Glenn received his J.D. from Fordham University School of Law and his B.A. from Boston University.  Prior to joining Nokia, Glenn was in private practice in New Jersey and New York.


Michael Albano is a partner based in the New York office of Cleary Gottlieb Steen & Hamilton LLP.

Mr. Albano’s practice focuses on executive compensation and benefits matters, including disclosure, governance, taxation, design and negotiation of agreements and arrangements, as well as the executive compensation and benefits aspects of mergers and acquisitions; pension investment and ERISA fiduciary matters; private equity compensation; and employment law and related matters.

Mr. Albano is recognized as a leading employee benefits and executive compensation lawyer by Chambers USA, The Legal 500 U.S., The Best Lawyers in America and Super Lawyers.

Mr. Albano joined the firm in 2001 and became a partner in 2010. He received a J.D. degree, magna cum laude, from the Georgetown University Law Center in 2001, and an undergraduate degree, magna cum laude, from Duke University in 1998.

Mr. Albano is a member of the Bar in New York