People: Howard Pianko, Partner

Photo of Howard Pianko, Partner

Howard Pianko

Partner

New York
Direct: (212) 218-5518
0

Mr. Pianko is a partner in the Employee Benefits & Executive Compensation Department of Seyfarth Shaw LLP. He has advised a wide range of clients on the full gamut of matters relating to employee benefits, executive compensation, pension investment, plan governance, fiduciary responsibility and benefit related litigation. His work, both in the U.S. and with respect to cross-border and international benefit matters involving domestic and non-U.S. multinationals, has led him to write extensively on employee benefit topics relating to executive compensation, mergers, acquisitions and joint ventures, pension plan investments, and fiduciary laws. Mr. Pianko has lectured on these topics in the U.S. and abroad, as well as on cross-border subjects such as global equity compensation programs.

Mr. Pianko has been recognized as a leading lawyer for Employee Benefits & Executive Compensation in New York in the 2010 and 2012 Chambers USA: America’s Leading Lawyers for Business, as well as in Best Lawyers in America (since its inception),  and PLC "Which Lawyer?" (Formerly Global Counsel 3000), among others.

Mr. Pianko:

  • Negotiates and drafting of senior executive employment, separation, change in control and supplemental retirement benefit agreements in the U.S. and cross-borders
  • Counsels multinational clients on cross-border benefit plans, global equity and incentive programs and executive compensation
  • Advises clients on the benefits aspects of mergers, acquisitions and joint ventures
  • Audits, establishes and maintains Plan Governance processes and procedures
  • Consults on fiduciary duties and investment of retirement plan assets
  • Addresses post-retirement benefit issues, including retiree medical and collectively bargained plans
  • Advises as to benefit claims procedures under ERISA, regulatory audits and charges and ERISA litigation
  • Counsels employers on the implementation, maintenance and termination of their benefit programs

Mr. Pianko is a partner in the Employee Benefits & Executive Compensation Department of Seyfarth Shaw LLP. He has advised a wide range of clients on the full gamut of matters relating to employee benefits, executive compensation, pension investment, plan governance, fiduciary responsibility and benefit related litigation. His work, both in the U.S. and with respect to cross-border and international benefit matters involving domestic and non-U.S. multinationals, has led him to write extensively on employee benefit topics relating to executive compensation, mergers, acquisitions and joint ventures, pension plan investments, and fiduciary laws. Mr. Pianko has lectured on these topics in the U.S. and abroad, as well as on cross-border subjects such as global equity compensation programs.

Mr. Pianko has been recognized as a leading lawyer for Employee Benefits & Executive Compensation in New York in the 2010 and 2012 Chambers USA: America’s Leading Lawyers for Business, as well as in Best Lawyers in America (since its inception),  and PLC "Which Lawyer?" (Formerly Global Counsel 3000), among others.

Mr. Pianko:

  • Negotiates and drafting of senior executive employment, separation, change in control and supplemental retirement benefit agreements in the U.S. and cross-borders
  • Counsels multinational clients on cross-border benefit plans, global equity and incentive programs and executive compensation
  • Advises clients on the benefits aspects of mergers, acquisitions and joint ventures
  • Audits, establishes and maintains Plan Governance processes and procedures
  • Consults on fiduciary duties and investment of retirement plan assets
  • Addresses post-retirement benefit issues, including retiree medical and collectively bargained plans
  • Advises as to benefit claims procedures under ERISA, regulatory audits and charges and ERISA litigation
  • Counsels employers on the implementation, maintenance and termination of their benefit programs

Education

  • LL.M.., J.D., New York University School of Law (1969)
    Taxation
  • B.A., City College of New York
    with Honors

Admissions

  • New York

Affiliations

  • American Bar Association (Committee on Employee Benefits; Section on Taxation)
  • American College of Employee Benefits Counsel
  • International Pension & Employee Benefits Lawyers Association (IPEBLA) (1987-present)
  • Inter-Pacific Bar Association
  • National Defined Contribution Council (Government Relations Committee, 1994-1997)
  • Practicing Law Institute (Employee Benefits Law Committee; Advisory Council; Annual Conference Co-Chair, Pension Plan Investments, 1991-2009)
  • U.S. Chamber of Commerce (Employee Benefits Subcommittee, 1993-1996)

Presentations

  • “ERISA Fiduciary Investment Basics 2012,” presented by the Practising Law Institute (February 8, 2012)
  • "Ethical Considerations," Practising Law Institute's 2011 Pension Plan Investments Program (April 5, 2011)
  • “Retirement Plan Fiduciary Duties: Reducing Legal Risks in the Current Market,” Strafford Publications Teleconference, presented by Legal Publishing Group (July 28, 2009)
  • “Critical Labor Considerations in Bankruptcy and Business Restructuring,” presented by the Practising Law Institute (July 21, 2009)
  • Employee Benefits in Mergers and Acquisitions: Benefits in Transactions During Troubled Times, presented by the ABA Joint Committee on Employee Benefits, New York, NY (April 24, 2009)
  • “Pension Plan Investments 2009: Current Perspective,” Annual Presentation, presented by Practising Law Institute, New York, NY (April 13, 2009)
  • “ERISA Class Action Litigation Trends,” presented by Strafford Publications (April 2009)
  • “How ‘Stable’ is Your ERISA Plan’s Stable Value Fund?” Webinar presented by Seyfarth Shaw (May 2009)
  • “Plan Fiduciaries: Navigating the Current Economic Storm, “ Webinar presented by Seyfarth Shaw (June 2009)
  • “401(k) Fiduciary Practices Under Attack – ERISA Litigation Trends and Effective Defense Strategies,” presented by Strafford Publications (September 2008)
  • “401(k) Plans Under Attack – Breach of Fiduciary Duty Lawsuits on the Rise Strategies to Avoid ERISA Violations and Liability,” presented by Strafford Publications (July 2007)

Publications

Books

  • Multinational Employers Managing Increasingly Global Employment Risks, AIG White Paper, (November 2003)
  • The ERISA Fiduciary’s Guide, Fidelity Capital Markets (2000)
  • Nonprofit Compensation, Benefits, and Employment Law, John Wiley & Sons, Inc. (1998)

Articles

  • Investment Committee Charter for Defined Contribution Plan, Practical Law The Journal (April 2012)
  • Expert Q&A on Say on Pay Litigation, Issue of Practical Law The Journal (December 2011)
  • Investment Committee Charter for Defined Contribution Plan, PLC Employee Benefits & Executive Compensation Magazine (December 2011)
  • Investment Committee Charter for Defined Contribution Plan, portions appeared in the (December 2011) Issue of PLC Employee Benefits & Executive Compensation Magazine and the Issue of Practical Law The Journal (April 2012)
  • “Section 409A: Deferred Compensation Tax Rules,” PLC Practice Note (January 2010)
  • “401(k) Fee Lawsuits Raise New Issues For Plan Sponsors, Providers,” The Metropolitan Corporate Counsel (April 2007)
  • “401(k) Fees Raise Issues For Fiduciaries, Providers,” New York Law Journal (March 2007)
  • “Perplexed by the Complex? Consider the Non-U.S. Multinational who Encounters the New U.S. Tax Law, (Section 409A) Regulating Deferred Compensation,” Journal of the International Pension and Employee Benefits Lawyers Association (March 2006)
  • “The Devil Lurks in the Details,” Inside the Minds: Winning Legal Strategies for Structuring Executive Compensation Plans, Aspatore Books (2005)
  • “The Extra-territorial Reach of US Employment and Employee Benefits Laws,” Labour and Employee Benefits, Practical Law Company (2005/2006)
  • “ERISA Goes Back to The Boardroom: Developing Best Practice Plan Governance Standards To Manage ERISA Related Risks,” Pension Plan Investments 2005: Confronting Today’s Issues, 145, Practising Law Institute (2005)
  • “Managing Global Employment Liability Risks,” Global Counsel (February 2004) (Co-authored with Milani)
  • “A Call for a Measured Approach to Analysing US Defined Benefit Plan Restructurings,” Labour and Employee Benefits, Practical Law Company (2004/2005) (Co-authored with Sher)
  • “The ERISA Fiduciary Self-Audit: The First Step to Limiting ERISA Liability Exposure and Developing Best Practice Standards,” Pension Plan Investments 2004: Confronting Today’s Issues, 459, Practising Law Institute (2004)
  • “Sarbanes-Oxley and Employee Issues: the Extra-Territorial Impact,” Labour and Employee Benefits, Practical Law Company (2003/2004)
  • “Elements of ERISA Litigation-Ps, Bs and Other Players,” Pension Plan Investments 2002: Confronting Today’s Issues, 197, Practising Law Institute (2002)
  • “Microsoft and Its Legacy – Employers Confront “Contingent” Worker Benefit Issues,” Proceedings of New York University 52 nd Annual Conference on Labor, Kluwer Law International (2000)
  • “Structuring Benefits in International Joint Ventures,” European Counsel, (V) (1), 55 (February 2000)
  • “Your HIPAA Helper,” 5 ERISA and Benefits Law Journal 2 (1997) (Co-authored with Combe and Schwartz)
  • “To Limit ERISA Liability Exposure Adopt A “PAPA” (“Process and Procedure Approach”),” 1 National Union ERISA Panel Counsel 1 (1996)
  • “Supreme Court Upholds Participant Lawsuits in Case Involving ERISA Fiduciary Duty,” 4 Managing Employee Health Benefits 59 (1996)
  • “ERISA Plan Assets and the Tiered VCOC or REOC Investment,” 3 ERISA and Benefits Law Journal 293 (1995) (Co-authored with Ryan)
  • “Some Current Employee Benefits Issues Confronting the Multinational Company,” 16 International Pension Lawyer 15 (August 1994)
  • “Internationalizing the U.S. ESOP,” 1 ERISA and Benefits Law Journal 12 (May 1992) (Co-authored with Hernandez)
  • “Obstacles to a Sponsor Bailout of First Executive,” Pensions and Investments 14 (May 13, 1991)
  • “Pension Parachutes: Taking Precautions Against Rip-Cord Malfunctions,” Compensation & Benefits Management 65 (Autumn 1987) (Co-authored with Nusbacher)
  • “ERISA Fiduciary Issues in ESOP-Leveraged Buyouts,” 12 J of Pension Planning and Compliance 73 (Spring 1986) (Co-authored with Mayo)
  • “Voting and Tender of Qualifying Employer Securities in ESOPS and Other Individual Account Plans,” 11 J. of Pension Planning and Compliance 241 (Fall 1985)
  • “Investment by Employee Benefit Plans in Real Estate,” 41 New York University on Federal Taxation 22-1 (1983)
  • “From QSOs to ISOs – Stock Oriented Compensation Plans and Their Many Acronyms,” 40 New York University Institute on Federal Taxation, 27-1 (1982)
  • “Pension Fund Investment in Oil & Gas,” 8 J. of Pension Planning and Compliance 103 (March 1982)
  • “Trading by Employee Benefit Plans in Financial Futures and Other Commodity Futures Contracts,” 7 J. of Pension Planning and Compliance 429 (November 1981) (Co-authored with Selig)
  • “Investment by Employee Benefits Plans in Commingled Real Estate Funds,” 6 J. of Pension Planning and Compliance 365 (September 1981) (Co-authored with Schrotenboer)
  • “Investment in Money Market and Other Funds By Qualified Individual Account Plans,” 5 J. of Pension Planning and Compliance 403 (September 1980)
  • “Investment of Pension Fund Assets in Financial Instrument Futures,” TMM 80-1, page 2 (January 14, 1980)
  • “Simplified Employee Pensions: Has the Employer Sponsored Individual Retirement Account Been Given Added Appeal? (Parts I and II),” Compensation Planning Journal (BNA) (August and September 1979) (Co-authored with Billman)

Accolades

  • Charter Fellow in the American College of Employee Benefits Counsel
  • Recognized as a leading lawyer for Employee Benefits & Executive Compensation in New York in the 2010 and 2012 Chambers USA: America’s Leading Lawyers for Business, as well as in Best Lawyers in America (since its inception), and PLC "Which Lawyer?" (Formerly Global Counsel 3000)
  • Listed in The Best Lawyers in America, Employee Benefits (ERISA) Law (2012)
  • Listed in The International Who’s Who of Management Labour & Employment Lawyers 2011