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    1. Home
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    3. Eric PaleyPeople
    1. Home
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    3. Eric PaleyPeople

    Eric Paley

    Partner / Team Leader, Employee Benefits & Executive Compensation


    • Rochester
    • Office585.263.1012
    • epaley@nixonpeabody.com
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    Introduction

    Eric Paley is the leader of the firm’s Employee Benefits team. He advises clients on how to comply with the laws governing their employee benefits programs.

    Practice Areas

    Employee Benefits & ERISA

    Industries

    Blockchain & Digital AssetsConsumerArts & Cultural InstitutionsNonprofit Organizations

    My focus

    Three hallmarks distinguish my practice.

    Representing nonprofit and governmental organizations

    I work primarily (though not exclusively) with a wide range of nonprofit organizations—hospitals/health systems, colleges/universities, iconic arts/cultural institutions, trade associations, social service agencies and governmental organizations. Nonprofits are much different animals than for-profit companies. My appreciation for those differences coupled with my vast experience in these sectors give me a unique perspective on the issues my clients are facing and allow me to be a more effective advisor.

    Focusing on fiduciary compliance

    Of late, I spend a significant amount of time working with clients on fiduciary compliance—helping them establish or reconstitute their retirement plan committees; advising them on whether to engage a third-party investment consultant or conduct an RFP for a new recordkeeper; and educating boards, officers and committee members on the rapidly changing legal landscape in which they operate.

    Staying one step ahead

    One of the things I enjoy most about working in this field is that the law is never static and the issues I face on a daily basis vary greatly. By the same token, the growing mountain of compliance burdens can quickly overwhelm employers. I try to keep my clients on task by focusing on practicalities and, whenever possible, bringing my sense of humor to bear on what can often be inane and unnecessarily complex rules.

    Looking ahead

    Blockchain technology, smart contracts and other revolutionary innovations will significantly impact, if not disrupt, the benefits industry in ways we can only imagine at this point. I’m excited to work with those who want to develop these innovations, as well as those who want to adopt and embrace them.

    Insights

    Publications

    • Coauthor, “Stage Set for Supreme Court to Consider ERISA Preemption of San Francisco ‘Pay or Play’ Law as Ninth Circuit Denies Rehearing En Banc,” Bender’s Labor & Employment Bulletin, April 2009
    • Author, “EACA Withdrawals,” Journal of Pension Benefits, Spring 2008
    • Coauthor, “Health Care Reform in the Workplace: Everything Old Is New Again,” HR West Magazine, December 2007
    • Author, “Taxation of Roth Distributions,” Journal of Pension Benefits, Summer 2007
    • Author, “Nonspousal IRAs,” Journal of Pension Benefits, Spring 2007

    Presentations

    • Speaker, “Impact of ESG on Employee Benefit Plans and Plan Sponsors,” Joint Webinar with EisnerAmper, Newport Capital Group and NP, January 26, 2022
    • Speaker, “Doing Good While Doing Well,” Webinar, May 14, 2019
    • Speaker, “Sue ‘Veneer’: Why Even Good Advisors Get Sued.” NAPA 401(k) Summit, April 1, 2019
    • Speaker, “Hiding in Plain View: Impact of Recent Tax Legislation on Retirement Plans,” Webinar, March 14, 2018
    • Speaker, “The recent finalization of regulations governing disability claims procedures,” Webinar, March 7, 2018
    • Speaker, “Fiduciary Best Practices for Retirement Plans,” February 27, 2018
    • Speaker, “Employee Benefits Breakfast Briefing,” Rochester, NY, November 7, 2017
    • Speaker, “Employee Benefits Breakfast Briefing,” Albany, NY, November 1, 2017
    • Speaker, “Employee Benefits Breakfast Briefing,” Jericho, NY, October 18, 2017
    • Speaker, “Employee Benefits Breakfast Briefing,” New York, NY, October 17, 2017
    • Speaker, “Employee Benefits Breakfast Briefing,” Rochester, NY, May 18, 2017
    • Speaker, “Employee Benefits Breakfast Briefing,” New York, NY, May 3, 2017
    • Speaker, “Employee Benefits Breakfast Briefing,” Jericho, NY, May 2, 2017
    • Speaker, “ERISA Retirement Plan Fiduciaries: Annual Checkup,” January 31, 2017
    • Speaker, “Employee Benefits Breakfast Briefing,” Rochester, NY, November 15, 2016
    • Speaker, “Fiduciary issues in Q-Plans and the new fiduciary rules,” November 2, 2016
    • Speaker, “Employee Benefits Breakfast Briefing,” Albany, NY, October 13, 2016
    • Speaker, “Best Practices for Retirement Committee Members and Other Fiduciaries,” October 5, 2016
    • Speaker, “Discover What Matters Most to Today's Plan Sponsor,” September 22, 2016
    • Speaker, “Fiduciary Best Practices for Retirement Plans,” September 21, 2016
    • Speaker, “Special Briefing for Investment Advisors: Retirement Plan Fee Litigation,” Webinar, September 15, 2016
    • Speaker, “Special Briefing for Nonprofit Institutions: Retirement Plan Fee Litigation,” Webinar, September 14, 2016
    • Speaker, “Special Briefing: Higher Ed Retirement Plan Fee Litigation,” Webinar, August 25, 2016
    • Speaker, “Employee Benefits Breakfast Briefing,” New York, NY, May 18, 2016
    • Speaker, “Employee Benefits Breakfast Briefing,” Jericho, NY, May 17, 2016
    • Speaker, “Employee Benefits Breakfast Briefing,” Buffalo, NY, May 4, 2016
    • Speaker, “Employee Benefits Breakfast Briefing,” Rochester, NY, May 3, 2016
    • Speaker, “Employee Benefits Breakfast Briefing,” Jericho, NY, November 18, 2015
    • Speaker, “Employee Benefits Breakfast Briefing,” New York, NY, November 17, 2015
    • Speaker, “Employee Benefits Breakfast Briefing,” Albany, NY, November 3, 2015
    • Speaker, “ERISA Fiduciary Governance for Nonprofits: What All Plan Sponsors Need to Know,” August 20, 2015.
    • Speaker, “New Rights, New Rules: Same-sex Marriage and Your Health Plan,” Webinar, August 18, 2015
    • Speaker, “Tibble v. Edison and the Changing Retirement Plan Landscape,” Webinar, July 1, 2015
    • Speaker, “Employee Benefits Luncheon,” Corning, NY June 23, 2015
    • Speaker, “Employee Benefits Breakfast Briefing,” Albany, NY  June 9, 2015
    • Speaker, “Employee Benefits Breakfast Briefing,” Jericho, NY June 5, 2015
    • Speaker, “Employee Benefits Breakfast Briefing,” New York, NY June 4, 2015
    • Speaker, “Retirement Plans for Nonprofits: What All Plan Sponsors Need to Know,” May 28, 2015
    • Speaker, “Employee Benefits Breakfast Briefing,” Buffalo, NY May 27, 2015
    • Speaker, “Employee Benefits Breakfast Briefing,” Rochester, NY May 20, 2015
    • Speaker, “Top 10 Governance & Operational Issues for Your Defined Contribution Plan,” April 30, 2015
    • Speaker, “Staying Ahead of the Curve: The Latest Trends Impacting the US Retirement System,” Webinar, April 23, 2015
    • Speaker, “Staying Ahead of the Curve: Avoiding ERISA Litigation that Can Derail A Retirement Plan,” Webinar, April 9, 2015

    In the news

    • HR News

      Number of 401(k) Funds Offered to Plan Participants Shrinks

      This article on the shrinking number of funds offered to 401(k) plan participants quotes a recent Fall Employee Benefits Briefing blog post written by Employee Benefits & Executive Compensation leader and Corporate partner Eric Paley, Corporate partners Christian Hancey and Brian Kopp, and Corporate associates Lena Gionnette and Jenny Holmes, all in Rochester; and Washington, D.C. Corporate counsel Damian Myers.
      Dec 1, 2020
    • Rochester Business Journal

      401(k) Contributions a Victim of Pandemic at Some Companies

      Employee Benefits & Executive Compensation team leader and Rochester Corporate partner Eric Paley is quoted in this article on how some companies are freezing contributions to their employees’ 401(k) contributions amid the COVID-19 pandemic.
      Sep 25, 2020
    • San Francisco Business Times

      How Law Firms and Law Schools are Capitalizing on Cryptocurrency And Blockchain

      This article mentions Nixon Peabody’s new Blockchain Technology and Smart Contacts team, which includes Rochester labor and employment practice group leader Eric Paley, San Francisco counsel Dan Valles and nearly 60 additional attorneys across offices and practice groups.
      Feb 1, 2018
    • ThinkAdvisor

      Blockchain annuity startup adds legal advisor

      This article includes Rochester labor and employment partner and practice group leader Eric Paley as one of blockchain annuity startup Auctus’ newest board members, in a move to enhance its financial services expertise.
      Nov 1, 2017
    • University Business

      Avoiding retirement plan risk

      Rochester Labor & Employment partners Eric Paley and Christian Hancey are both quoted in this article discussing the impact retirement plan fee litigation, which many colleges and universities are facing, has on the higher education community.
      Nov 1, 2016
    • Inside Higher Ed

      Retirement Plan Lawsuits Could be Just the Beginning

      Rochester partner and co-leader of the firm’s labor and employment practice Eric Paley is quoted in this piece about a new wave of lawsuits targeting the retirement plans of several colleges and universities.
      Aug 18, 2016
    • Buffalo Law Journal

      Not All is Well with Wellness Programs

      Partner and co-leader of Labor & Employment practice group Eric Paley is quoted in this article discussing the state of workplace wellness programs.
      Jan 12, 2015
    • Buffalo Business First

      Retiree Benefits Burden Many Employers

      Partner and co-leader of Labor & Employment practice group Eric Paley is quoted in this article discussing issues employers encounter with retiree benefits.
      Jan 9, 2015
    • Buffalo Law Journal

      In Question: Health Benefits for the Retired

      Partner and co-leader of the Labor & Employment practice group Eric Paley is quoted in this feature story addressing medical benefits for retirees.
      Dec 15, 2014

    Admitted to practice

    New York
    U.S. Tax Court

    Education

    Cornell University, B.A.
    Syracuse University College of Law, J.D., magna cum laude

    Professional activities

    Eric is a member of the Monroe County Bar Association and the American Bar Association (Section of Taxation, Employee Benefits Committee).

    Recognition

    Eric was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the field of Employee Benefits (ERISA) Law and Education Law. He was named the Best Lawyers® 2021 Employee Benefits (ERISA) Law “Lawyer of the Year” in Rochester, NY, and was the Best Lawyers® 2014 Litigation—ERISA “Lawyer of the Year” in Rochester. Eric has been listed in Best Lawyers since 2012.

    Eric was selected to the Upstate New York Super Lawyers list in 2008, 2009 and 2011-2015. His primary area of practice is employment benefits law.

    Insights And Happenings

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    • Video

      Fall 2022 Employee Benefits Briefing

      Employee Benefits & ERISA
      Dec 16, 2022
      Nixon Peabody Employee Benefits Briefing
    • Event

      Employee Benefits Briefing

      Dec 13, 2022
    • Video

      Spring 2022 employee benefits briefing

      May 10, 2022
    View All

    Professionals in the Practice Area

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    • Christian D. Hancey

      Partner
      • Rochester
      • Office:585.263.1147
      • chancey@nixonpeabody.com
      Christian D. Hancey
    • Brian Kopp

      Partner
      • Rochester
      • Office:585.263.1395
      • bkopp@nixonpeabody.com
      Brian Kopp
    • Thomas J. McCord

      Partner
      • Boston
      • Office:617.345.1337
      • tmccord@nixonpeabody.com
      Thomas J. McCord
    • Damian A. Myers

      Partner
      • Washington DC
      • Office:202.585.8485
      • dmyers@nixonpeabody.com
      Damian A. Myers
    • Yelena F. Gray

      Partner
      • Chicago
      • Office:312.977.4158
      • yfgray@nixonpeabody.com
      Yelena  F. Gray
    View All

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