Brian Kopp advises employers on the variety of legal issues that impact employee benefit plans and executive compensation programs.
My practice focuses on providing sophisticated, practical advice on issues affecting my clients’ retirement and welfare benefit plans and executive compensation programs. I have over 20 years of experience in helping publicly traded and privately held employers design, implement and deliver cost-effective benefits programs to their employees. This counseling includes advising clients on the federal and state laws that apply to benefit plans, such as the Employee Retirement Income Security Act (“ERISA”) and its fiduciary duty, prohibited transaction, reporting/disclosure and withdrawal liability rules.
I also have substantial experience with executive compensation issues. For example, I have drafted, implemented and provided advice on non-qualified deferred compensation plans, supplemental executive retirement plans, severance plans, change-in-control agreements and stock-based compensation plans, including plans that grant options, restricted stock, restricted stock units, stock appreciation rights, performance shares and other equity-based awards.
For nonprofit employers, I have extensive experience with 403(b) and 457(b) plans, as well as the unique deferred compensation rules that apply to tax-exempt employers.
The regulatory environment for employee benefit plans and executive compensation programs will only get more complex. For example, Health Care Reform has added thousands of new regulations governing medical plans. Additionally, executive compensation practices will draw increased scrutiny from regulators and shareholder activist groups. In this challenging environment, employers need to find cost-efficient solutions to their benefits issues.
Rochester Business Journal | September 02, 2021
This article, which covers the growing shift among employers to take more forceful measures when incentivizing workers to get vaccinated, extensively quotes Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, and Labor & Employment partner Stephanie Caffera on the prospect of charging unvaccinated employees to compensate for health care costs, and the rules employers must abide by if they decide to pursue this path.
Rochester Business Journal | May 07, 2021
Rochester Corporate partner Brian Kopp and associate Lena Gionnette contributed this article analyzing the new COBRA subsidy, as part of the American Rescue Plan Act of 2021, and the challenges it will pose to employers.
Inside Health Policy | March 26, 2021
Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, is quoted in this article on COBRA subsidies included in the newly enacted American Rescue Plan, noting potential challenges for employers. The article also links to a client alert Brian wrote with Chicago Corporate partner Yelena Gray and Washington, DC Corporate partner Damian Myers, both of the Employee Benefits & Executive Compensation team.
The Deal | January 27, 2021
This article on Tegna’s expansion into the fast-growing podcast market through its acquisition of Locked On Podcast Network mentions Washington, D.C. partners John Partigan and Sean Clancy and Rochester partner Brian Kopp, all of the Corporate group, for representing Tegna. The deal team also included Rochester Labor & Employment counsel Todd Shinaman; and Washington, D.C. associate Pierce Han and Boston associate Bohao Zhou, both in the Corporate group.
Law360 | January 21, 2021
Rochester Corporate partner Brian Kopp, of the Employee Benefits & Executive Compensation team, is quoted in this article on legislation introduced Thursday that aims to solve the multibillion-dollar union pension funding crisis.
HR News | December 01, 2020
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.
HR Magazine (Society for Human Resource Management) | March 18, 2020
Rochester Labor and Employment partner Kim Harding, Rochester Corporate partner Brian Kopp, and Long Island Labor and Employment associate David Tauster co-wrote this contributed article, based on their NP client alert, analyzing the new mandatory sick-leave deal in New York state.
Law360 | August 09, 2019
This story highlights Nixon Peabody’s representation of Gannett, the publisher of USA Today, in its $1.38 billion merger with New Media Investment Group, parent of GateHouse Media LLC.
American Lawyer | August 09, 2019
This story highlights Nixon Peabody’s representation of Gannett, the publisher of USA Today, in its $1.38 billion merger with New Media Investment Group, parent of GateHouse Media LLC.
The Deal | August 06, 2019
The following stories highlight Nixon Peabody’s representation of Gannett, the publisher of USA Today, in its $1.38 billion merger with New Media Investment Group, parent of GateHouse Media LLC.
Law360 | August 05, 2019
The following stories highlight Nixon Peabody’s representation of Gannett, the publisher of USA Today, in its $1.38 billion merger with New Media Investment Group, parent of GateHouse Media LLC.
Cornell Law School, J.D., magna cum laude
New York University Graduate School of Business Administration, M.S., Accounting
Colgate University, B.A., Chemistry, cum laude
New York
Brian was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2022 in the fields of Employee Benefits (ERISA) Law; Employment Law—Management; and Litigation—Labor and Employment. In previous years, he was named the Best Lawyers® 2019 Employment Law—Management “Lawyer of the Year”; 2018 Litigation—Labor and Employment “Lawyer of the Year”; and Best Lawyers® 2014, 2017 and 2020 Employee Benefits (ERISA) Law “Lawyer of the Year” in Rochester, NY. He has been listed in Best Lawyers in America since 2012.
Brian was selected to the Upstate New York Super Lawyers list in 2012-2015. His primary area of practice is employee benefits.
Director, New York Employee Benefits Conference
Member of the Monroe County, New York State and American Bar Associations
