Brian P. Goldstein is a Principal in the Albany, New York, office of Jackson Lewis P.C. His practice spans from Alaska to Puerto Rico and all across the United States, and concentrates in the areas of executive compensation, employee benefits, and ERISA fiduciary counseling.
For over 25 years, Mr. Goldstein has been involved in the design and implementation of all types of pension, profit sharing, 401(k), employee stock ownership, stock-based compensation, nonqualified deferred compensation and tax-sheltered annuity plans, as well as various medical, vacation, severance, cafeteria, post-retirement and other health-and-welfare and fringe benefit plans. His practice has a particular focus on ESOPs, structuring ESOP transactions by public and private companies, and representing institutional and other ESOP fiduciaries in transaction and related compliance matters and controversies. Mr. Goldstein regularly represents clients before the IRS in connection with resolving defects with their qualified plans, and in IRS audits, DOL investigations and PBGC matters.
In the securities area, Mr. Goldstein has been involved in a number of registered offerings and private placements. He also has represented a number of registered investment advisors, broker/dealers and salespersons in a variety of capacities. Mr. Goldstein has limited his practice in the securities area to the ERISA and executive compensation side of securities matters. Mr. Goldstein regularly assists corporate counsel in establishing devices which may have anti-takeover effects.
Mr. Goldstein's client base varies widely, and includes large public companies, institutional plan fiduciaries, professional practices and small businesses. Mr. Goldstein serves as counsel to a number of bank trust departments across the nation, advising them on their ERISA fiduciary responsibilities and on qualified and nonqualified plan issues (including document preparation and operational issues). Mr. Goldstein has been active in many transactions throughout the nation involving conversions of savings banks from mutual to stock form, and the offering of their stock to the public. Mr. Goldstein is a frequent author and lecturer on the laws applicable to qualified and nonqualified retirement plans and on ERISA fiduciary responsibilities.
In the News
August 17, 2015
Jackson Lewis Attorneys Recognized in The Best Lawyers in America 2016
August 17, 2015
WHITE PLAINS, NY (August 17, 2015) Jackson Lewis P.C., one of the country's preeminent workplace law firms, is pleased to announce 137 of the firm's attorneys have been named to the 2016 edition of Best Lawyers. In addition, 10 attorneys were named “Lawyer of the Year” in their respective...
April 8, 2014
IRS Issues New Guidance on Treatment of Same-Sex Couples Post-Windsor to Qualified Retirement Plan Sponsors
April 8, 2014
The IRS has issued Notice 2014-19 and a set of Answers to Frequently Asked Questions (“FAQs”), providing new guidance to sponsors and administrators of qualified retirement plans on the treatment of same-sex couples following the Supreme Court's decision in United States v. Windsor, No. 12-307 (June 26, 2013). (For...
Benefits Law Advisor
Equity and “Phantom” Equity Based Compensation for LLCs
October 28, 2015
Due to the popularity of limited liability companies (LLCs) as a form of business entity, we have been approached lately more than ever to structure equity and “phantom” equity based compensation for LLC businesses, including private equity firms and other businesses that embrace an employee ownership culture.
By Brian P. Goldstein