Jenny L. Holmes

Jenny Holmes is an associate in Nixon Peabody’s Labor & Employment group and a member of the Employee Benefits and Executive Compensation team. She counsels clients on the design, drafting, implementation and ongoing operation of retirement plans, multiple employer plans, multi-employer plans, and health and welfare plans.

Jenny is also an active member of the firm’s Privacy & Data Protection team, developing and implementing system-wide privacy and security plans for numerous companies of various sizes, including the creation of response plans.

What do you focus on?

My practice focuses on the following areas:

Retirement Plans Design and Regulatory Compliance

I assist clients with the successful implementation and operation of various types of retirement plans, including pension, profit-sharing, 401(k) and 403(b) plans, multiple employer plans, multi-employer plans, and 457(b) and 457(f) plans. I draft plan documents and summary plan descriptions, respond to plan documents and operational failures through the Internal Revenue Service’s Employee Plans Compliance Resolution System, and counsel retirement plan committees on their fiduciary responsibilities under ERISA.

Executive Compensation

I have experience helping clients on issues related to stock option plans, non-qualified deferred compensation plans, supplemental executive retirement plans, and severance plans. My experience includes advising individuals on various tax and other estate planning implications of executive compensation structures.

M&A Transaction

In various corporate structure changes, I advise clients on pre- and post-transaction compliance issues in both Employee Benefits and Data Privacy. As part of due diligence reviews, I analyze deal documents, draft representations, disclosures, and warranties, and assess potential risk factors. I counsel clients on potential liabilities, required corrective actions, and prepare and implement those corrections.

Privacy Compliance

The data privacy regime of various international, federal, and state laws is a complex patchwork of overlapping and sometimes conflicting laws. I routinely assist clients in analyzing which laws and regulations apply and design privacy programs that comply with the various applicable laws. In doing so, I draft external privacy policies, Information Security Plans, and  privacy response plans. Understanding that individual data is often a company’s biggest asset and biggest risk, I create programs that ensure safe storage and usage of personal information while also considering the practical needs of a company.

Data Breach Response

I advise clients in the aftermath of a privacy breach by explaining the regulatory framework of the various applicable data privacy laws while helping to craft a practical and cost-efficient response plan. I work together with third-party vendors to ensure complete breach remediation and review forensic reports to understand the root cause. I draft required notices, provide guidance on consumer or employee communications, and design and implement company policies to prevent future breaches.

What do you see on the horizon?

Employee Benefits

Regulatory reforms will continue to affect plan design and operation of retirement and group health plans. Employers need to effectively align these reforms with their desire to provide more creative and sophisticated benefit programs to incentivize employees.


Personal privacy is going to continue to be an issue at the forefront of consumer’s and employee’s minds. As international, federal, state, and local laws are quickly drafted and implemented to address these concerns, companies will need to be flexible in the design of their privacy schemes to ensure compliance with various laws.

Prior to joining the firm

At Syracuse Law, Jenny was Business Editor of Syracuse Law Review, on the Moot Court Honor Society, and a member of the Justinian Honorary Law Society. She is a member of the Syracuse Law’s Chapter of the Order of the Coif and a recipient of the CALI (Constitutional Law) and the Cornelius W. Wickersham Jr. Awards.


  • “Cybersecurity Takes a Village: Governance, Legal, and Cyber Perspectives,” 2019 NY Tech Summit, Turning Stone Conference Center, Verona, NY

What makes you work harder? Strap on a sensor and find out

Boston Globe | July 16, 2019

In this story, Rochester Corporate associate Jenny Holmes discusses privacy concerns raised by employers who are leveraging wearable devices such as fitness trackers to learn more about workplace productivity.

Cybersecurity and benefits plans: The next front in the ongoing battle to protect personal information

Confero | June 30, 2018

Rochester Corporate group associate Jenny Holmes contributed this article to the quarterly magazine for Westminster Consulting, discussing why benefit plans are inviting targets for would-be data thieves, and what plan administrators need to do to protect personal data.

European Union law on data protection takes effect

Rochester Business Journal | June 07, 2018

Rochester corporate group partner Jeremy Wolk and associate Jenny Holmes co-wrote this contributed article on the introduction of the General Data Protection Regulation, “a set of tougher rules designed to give European Union citizens more control over their personal data.” The regulation applies to all organizations, regardless of location, that handle the personal data of EU citizens.

The Delayed Final Rule and Disability Claims Procedures: Are You Ready? Do You Have to Be?

Journal of Compensation and Benefits | March 19, 2018

Labor and employment associates Claire Rowland and Jenny Holmes authored this article about key changes and impact of the U.S. Department of Labor’s updated regulations for required disability claims procedures (Final Rule) going into effect on April 1, 2018.

Partial delay of fiduciary rule leaves investment industry in limbo

Pensions & Investments | December 06, 2017

Rochester labor and employment partner Christian Hancey and associate Jenny Holmes co-wrote this article on the Department of Labor’s new fiduciary rule regulations.

Before acquiring a firm, check its cybersecurity setup

Rochester Business Journal | March 16, 2017

Rochester private equity and investment funds partner Jeremy Wolk and labor and employment associate Jenny Holmes co-authored this column about cybersecurity due diligence.

Employees' smartphones threaten company security

Rochester Business Journal | January 19, 2017

Chief Information Officer Mike Green and Rochester labor and employment associate Jenny Holmes are quoted in this article about data protection issues surrounding bring your own device policies.

No immunity from cyberattacks and data breaches in 2016 and beyond

Rochester Business Journal | January 12, 2017

Rochester private equity and investment funds partner Jeremy Wolk and labor and employment associate Jenny Holmes co-authored this column about cyber security. The column provides an overview of the risks and potential legislative changes that could help small businesses and tips for creating a privacy policy.


Jenny L. Holmes



Phone: 585-263-1494

Syracuse University College of Law, J.D., Order of the Coif, magna cum laude

University of Virginia, B.A., American Government

New York

U.S. District Court, Western District of New York

U.S. District Court, Northern District of New York

Jenny is a member of the Leaders Build Committee of the Habitat for Humanity and the Co-Chair of the Rochester Jewish Sports Hall of Fame. She also is a member of the Monroe County Bar Association, New York State Bar Association, and the American Bar Association. Jenny serves as an office representative on the firm’s Associate Council.

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