Renée W. O'Rourke: Lawyer with Greenberg Traurig, LLP

Renée W. O'Rourke

View Renée W. O'Rourke 's Martindale-Hubbell Connected Profile
Denver,  CO  U.S.A.

Peer Rating
AV® Preeminent

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Experience & Credentials Ratings & Reviews

Practice Areas

  • Tax
  • Employee Benefits
  • Global Benefits & Compensation
Contact InfoTelephone: 303.572.6544
Fax: 303.572.6540
University University of Southern Colorado, B.S., Business Administration, 1981
Law SchoolUniversity of Denver Sturm College of Law, J.D., 1984; University of Denver, LL.M., 1985
Admitted1984, Colorado
Memberships Denver Bar Association; The Colorado Bar Association; American Bar Association (Member, Employee Benefits Committee, Section of Taxation).

BornLeon, Iowa, May 8, 1958

Renée O'Rourke focuses her practice on employee benefits and ERISA, including retirement plans, executive and stock compensation and health, welfare and fringe benefit plans.

Renée's experience in employee benefits includes representation of clients before the Internal Revenue Service (at both the audit and appellate levels) and the Department of Labor and includes designing, drafting and amending profit sharing plans, money purchase pension plans, target benefit plans, defined benefit plans, 401(k) plans, 457(b) and (f) plans, 457 trusts and custodial agreements, 403(b) plans and group trusts. She also has assisted numerous clients in the implementation and financing of leveraged employee stock ownership plans (ESOPs).

Renée has experience in redesigning executive and stock compensation plans and employment, severance and change-in-control agreements to comply with 409A. She has designed and implemented stock option plans, restricted stock plans, performance share and unit plans, employee stock purchase plans, deferred compensation arrangements, nonqualified deferred compensation plans, excess benefit plans, rabbi trusts, and bonus plans and agreements.

Her experience in the health, welfare and fringe benefits area includes designing, drafting and implementing cafeteria plans, medical expense reimbursement plans (medical FSAs), dependent care assistance plans (dependent care FSAs), self-insured medical plans, wellness programs, HSAs, HRAs, retiree medical plans, disability plans, severance pay plans, and voluntary employees' beneficiary associations (VEBAs).

Renée has negotiated and documented the employee benefit provisions in numerous mergers, acquisitions and dispositions in stock and asset transactions and joint ventures, and has assisted clients in restructuring benefits following corporate transactions. She has advised clients on many aspects of employee benefit matters, including affiliated service group, controlled group and separate line of business issues, prohibited transactions, complex distribution matters and discrimination testing. She has also advised clients on ERISA fiduciary duties, COBRA, plan terminations, workforce downsizing, $1 million compensation deduction limitation, golden parachutes, Medicare secondary payer rules, Colorado health insurance rules, and benefits provisions in the Family and Medical Leave Act (FMLA), Americans With Disabilities Act (ADA) and Age Discrimination in Employment Act of 1967 (ADEA). In addition, she has served as an expert witness in fiduciary duty litigation and litigation involving an ESOP.

Areas of Concentration

· Retirement plans

· Executive and stock compensation

· Welfare and fringe benefits

Professional & Community Involvement

· Member, American Bar Association, Employee Benefits Committee, Section of Taxation

· Member, Colorado Bar Association

· Member, Denver Bar Association

· Member and Past Program Chair, Denver Chapter of the Western Pension and Benefits Conference

Awards & Recognition

· Listed, The Best Lawyers in America, Employee Benefits (ERISA) Law, 2010-2014

· Listed, Super Lawyers magazine, Colorado Super Lawyers, 2006, 2012-2013

· Listed, Chambers USA Guide, 2005-2013

· Listed, Corporate Counsel Black Book, 2007

· Rated, AV Preeminent® 5.0 out of 5

Publications & Presentations

Articles, Lectures & Publications

· Speaker, "Employer Mandate to Provide Coverage or Pay Penalty," "ERISA and Health Care Reform Reporting, Disclosures and Fiduciary Duties," and "Other Tax Provisions," Health Care Reform for Employers: Now What?, Denver, CO, September 17, 2013

· Speaker, "Detecting and Eliminating Discrimination in Your Health and Cafeteria Plans," Western Benefits Conference, San Diego, CA, July 23-24, 2013

· Speaker, "Health Plan Claims and Appeals Procedures After the Health Care Reform Changes," Western Benefits Conference, San Diego, CA, July 23-24, 2013

· Presenter, "Self-Auditing Your Employee Benefits: A Guide to What May Need Fixing," Webinar, Lorman Education Services, June 12, 2013

· Speaker, "Employer Group Health Care: For 2013 and Beyond," December 4-5, 2012

· Speaker, "Complying With Your Fiduciary Requirements for Fee Disclosures: A Guide to Your Duties," November 13, 2012 and November 20, 2012

· Speaker, "Employer Group Health Care For 2013 and Beyond: Health Care Reform and All Those Other Laws," Western Pension & Benefits Council Specialty Session, Denver, CO, September 27, 2012

· Speaker, "Employer Group Health Care: A Roadmap to Avoid Detours and Train Wrecks," Denver, CO, September 13, 2012

· Speaker, "Complying With Your Fiduciary Requirements for Fee Disclosure: A Guide to Your Duties," Client Roundtable, June 7, 2012

· Presenter, "Self-Auditing Your Employee Benefits: A Guide to What May Need Fixing," Client Webinar, Lorman Education Services, October 20, 2011

· Speaker, "Tax Aspects of Health Care Reform," Tax Section of the Colorado Bar Association Luncheon, March 9, 2011

· Speaker, "Gaining New Perspective on Health Care Reform," CoBiz Insurance Benefits Briefing, August 4, 2010

· Speaker, "Minimizing Legal Risks in the Design, Implementation & Administration of Executive Compensation," ACI Conference, Chicago, IL, July 22, 2010

· Speaker, "Employer Group Health Plan Changes for 2010 and Beyond," Greenberg Traurig, LLP Client Seminar, June 24, 2010

· Speaker, "Health Care Reform: What it Means for Your Company, Your Employees, and You," Hays Companies of Denver - Client Update Seminar, May 20, 2010

· Speaker, "Employee Benefits 101 - The Basics of Benefits," October 27, 2009

· Expert Panel, "Communicating with Plan Participants," The Fiduciary Awareness Seminar Series, September 2009

· Speaker, "Benefits Issues in Mergers & Acquisitions," Western Benefits Conference, June 29, 2009

· Expert Panel, "Understanding Fees & Expenses," The Fiduciary Awareness Seminar Series, May 12-14, 2009

· Speaker, "IMPORTANT: New COBRA Rules Require Immediate Action," Financial Designs - CO Biz Financial, April 15, 2009

· Speaker, "COBRA Changes in the American Recovery and Reinvestment Act of 2009," Greenberg Traurig, LLP Client Seminar, March 11, 2009

· Author, "How to Avoid 409A Penalties," Law Week Colorado, Week of January 12, 2009 Print Edition, January 14 2009

· Speaker, "Changes are Coming to Your Cafeteria Plan. Are You Ready?" Hays Companies of Denver - Client Update Seminar, October 23, 2008

· Speaker, "2008 Checklist of Pitfalls and Opportunities," General Session, Milliman, Inc. Annual Employee Benefits Forum, September 24, 2008

· Speaker, "Compensation Deferrals and 409A: The Race to December 31, 2008," Breakout Session, Milliman, Inc. Annual Employee Benefits Forum, September 24, 2008

· Speaker, "Executive Compensation and Retirement Planning for Nonprofit Organizations," 17th Annual Institute on Advising Nonprofit Organizations, May 16, 2008

· Co-Presenter, "Mergers and Acquisitions Benefit Plan and Compensation Issues," The Western Union Company for the Denver Chapter, Western Pension and Benefits Conference, April 18, 2008

· Co-Presenter, "Executive and Stock Compensation in the Post-409A Era and Determining Fair Market Value for Granting Options and SARs," Senior Valuation Group, of Clifton Gunderson for the Denver Software Club, January 16, 2008

· Speaker, "Executive and Stock Compensation in the Post-409A Era," University of Denver College of Law Graduate Tax Program, Continuing Professional Education 2007

· Speaker, "409A Final Regulations: The Race to December 31, 2007," Client Seminar, 2007

· Co-Presenter, "Living with the (Relatively) New 403(b) Regulations," US Department of Treasury, ASPPA 2007 Los Angeles Benefits Conference, CA, 2007

· Lecturer, "Benefit Plans for the Small Employer," University of Denver College of Law Graduate Tax Program, Continuing Professional Education, 2007

· Lecturer, "Section 401(k) Plans," University of Denver College of Law Graduate Tax Program, Continuing Professional Education, 2007

· Co-Presenter, "Consumer-Directed Healthcare," The 2006 Western Benefits Conference, Las Vegas, NV, 2006

· Speaker, "Plan Issues in Mergers and Acquisitions," Western Pension and Benefits Conference-Portland Chapter/2006 Spring Seminar Conference, Portland, OR, 2006

· Co-Presenter, "Complying With the New Defined Benefit Plan Regulations," Internal Revenue Service ASPPA 2005 Los Angeles Conference, CA, 2005

· Speaker, "Decoding 409A: New Proposed Regulations on Deferred Compensation," Client Seminar, 2005

· Speaker, "An Employer's Action Plan for Compliance with the New Nonqualified Deferred Compensation Law," Client Seminar, 2005

· Speaker, "Stock Compensation: What Really Has to Change?" Client Seminar, 2005


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Office Information

Renée W. O'Rourke

1200 17th Street, Suite 2400
DenverCO 80202


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