HowardPianko

Partner

Employee Benefits

hpianko@seyfarth.com

New York

+1 (212) 218-5518

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Howard works in a highly technical area and intuitively builds upon his domestic and cross-border experience to help clients understand and address employee benefit and executive compensation matters, as well as to proactively establish key governance and operational processes.

More About Howard

Employee benefits is an increasingly complex technical area that continues to evolve. Operational and compliance failure leads to increased liability exposure to regulators and employee litigation, as well as negative public and employee relations impact. Technical and practical experience also is needed by clients when dealing with a specific transaction, ranging from corporate-driven (e.g. M&A or corporate restructuring) to plan-driven (e.g. plan de-risking, transition to a new record keeper or correction of a Code or ERISA error). This occurs in both the profit and, increasingly, not-for-profit sectors: affecting entities that have international, as well as, domestic, benefit programs.

Howard intuitively builds upon his experience to help clients understand and address employee benefit and executive compensation matters, as well as to establish key governance and operational processes.

Clients have told Howard over the years that they appreciate his ability to explain technical matters in an understandable manner; the wide range of experience and judgment he brings to the table; and the way he looks to address and resolve problems on a practical basis working within applicable law. Clients want to reach an end result and look for leadership in terms of both practical and legal considerations. They also do not like being surprised, and appreciate being told in advance of possible problems, considerations, and end results when addressing a particular project.

Projects that Howard has helped address include:

  • A unique retiree health benefit solution. The law firms working on an M&A transaction decided to set up a trust that the seller would fund at closing to satisfy its retiree health obligation. This trust was established upon closing of the deal (i.e., before there was an actual committee for the trust). Howard acted as counsel for the trust in the negotiation of the terms of the trust’s formation; and then for its implementation.
  • A multibillion-dollar de-risking window. Howard was retained as counsel representing the pension plan involved (not the employer/sponsor) in the offering of a lump sum option to former employees participating in the pension plan. After this “window” was ended, he was retained as ongoing counsel solely with respect to matters (e.g., claim appeals) involving the administration of this very large plan.
  • Record-keeper/fund line-up transition. After an RFP, a plan committee decided to change the record-keeper and investment line-up for its multibillion-dollar defined contribution plan. Howard was retained as counsel to achieve this transition and to effect the mapping to a new line-up within the established timeline.

Howard applies a challenging range of skill sets to his work, including experience, knowledge, practical judgment and creativity. Planning and listening are other key elements of his leadership. As he says, when I am retained, clients also are paying me to worry for them.

Howard loves problem solving and helping a team achieve objectives. Seyfarth, with its broad range of subject matter experts, technical infrastructure, and cooperative culture, is a critical component to success in this regard.

  • BA, The City College of New York

    With honors

  • JD, New York University School of Law

    New York University Law Review

  • LLM, New York University School of Law
    Taxation
  • New York

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