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ERISA: The Evolving World 2014

Author(s): Andrew L. Oringer, Andrew L. Gaines
Practice Area: Employee Benefits, Employment, Tax
Published: Aug 2014
PLI Item #: 51572
CHB Spine #: D415

Andrew L. Oringer
Partner | Employee Benefits and Executive Compensation, Retirement Plans/ERISA/Tax, Financial Services and Investment Management, Real Estate, Private Equity, Investment Funds, Alternative Investmen Funds, Corporate, Permanent Capital

Andrew L. Oringer is co-chair of Dechert’s ERISA and Executive Compensation group, and leads the firm’s national fiduciary practice in New York. He counsels clients on their employee benefit plans and programs, benefits-related tax matters and fiduciary issues arising in connection with the investment of employee benefit plan assets.

Mr. Oringer’s practice includes advising clients regarding ERISA and employee benefits generally, including 401(k) and other retirement plans as well as medical and other welfare plans. His advice to clients encompasses all aspects of corporate transactions and initial public offerings in which benefits and compensation issues play a central part. He regularly counsels financial institutions and plan fiduciaries regarding investments, and has been instrumental in designing complex investment structures to address difficult ERISA issues.

Mr. Oringer advises clients with respect to the design and implementation of arrangements relating to executive compensation, including stock option and other equity-based arrangements. His practice extends to the representation of employers and executives in the negotiation of executive employment and termination agreements.

Nationally known for his experience with ERISA and matters relating to executive compensation, Mr. Oringer is a frequent speaker and writer on a wide variety of topics. His written work includes the chapter on Releases in the Section 409A Handbook, and the chapter on Investment Funds and ERISA in ERISA Fiduciary Law. Publications including The Wall Street Journal, The New York Times, The Financial Times, Crain’s Pensions & Investments, Newsday, USA Today and The Chicago Sun Times have quoted him in articles on employee benefits issues. He has authored, co-authored or contributed to numerous bar comment letters and reports to regulators on both fiduciary and compensation issues, and has testified at the request of Congress regarding certain proposed Department of Labor regulations.

Mr. Oringer holds leadership roles for the American Bar Association and the New York State Bar Association and is on the advisory boards for a number of leading publications covering ERISA and executive compensation. He also teaches ERISA as an adjunct professor and in other educational settings.

Several major legal directories have recognized Mr. Oringer as a leading lawyer, including Chambers USA (2005-2016), The Legal 500 (2014- 2015), The Best Lawyers in America (2010-2014), New York Super Lawyers (2006-2015, including listing among New York City’s Top 100 lawyers across all practice areas) and the Practical Law Company’s Labour and Employee Benefits Cross-Border Handbook (2007, 2010- 2012).


Duke University, A.B., 1980, cum laude, with Distinction in Economics

Adelphi University, M.B.A., 1984

Hofstra University School of Law, J.D., 1984, with Distinction, Associate Editor of the Hofstra Law Review

Court Admissions

United States Court of Appeals for the District of Columbia

Bar Admissions/Qualifications

New York


New York State Bar Association: Employee Benefits Committee of the Tax Section, Former Co-chair and Executive Committee, Member (2006- 2012)

American Bar Association: Employee Benefits Committee of the Section of Taxation, Emerging Issues Coordinator (and previously Chair of the Fiduciary Responsibility/Plan Investments Sub-Committee of the Employee Benefits Committee)

BNA Bloomberg Pension & Benefits Reporter, Advisory Board Member

BNA Bloomberg Tax Management Compensation Planning Journal, Advisory Board Member

Practical Law Company’s Employee Benefits & Executive Compensation Advisory Board, Charter Member

American College of Employee Benefits Counsel, Fellow

Maurice A. Deane School of Law at Hofstra University: Adjunct Professor of Law; Executive Board of the Alumni Association, Member; Career Services Alumni Committee, Co-Chair; Nominating Committee of the Alumni Association, Member

Regulatory Compliance Organization, Senior Fellowfrom Practice

Member of Thomson Reuters' Super Lawyers Advisory Board

Andrew L. Gaines is a partner in the firm’s Employee Benefits and Executive Compensation Group.


Andrew advises employers on all aspects of executive compensation and employee benefit plans and their treatment in corporate transactions and in bankruptcy. He counsels investment fund sponsors on ERISA issues associated with the formation of private investment funds and the structuring of underlying investments. Andrew also frequently counsels large institutional pension investors on fiduciary issues arising in connection with investing in private investment funds. He also represents employers and executives in the negotiation of employment and severance agreements.

Andrew has been recognized as a “leading individual” in Employee Benefits & Executive Compensation by Chambers USA for the past four consecutive years, with Chambers calling him “responsive, pragmatic.” He also has been recognized by The Legal 500 USA and by the PLC Which Lawyer? Yearbook.

Andrew is a frequent writer and lecturer on executive compensation and employee benefits topics.


Employee Benefits & Executive Compensation


J.D., Benjamin N. Cardozo Law School, 1986
B.A., Hobart & William Smith College, 1983


Chambers USA
The Legal 500
PLC Which Lawyer? Yearbook