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Jason Levy
Jason M. Levy
Associate
Washington +1 202 662 5287 jmlevy@cov.com Download V-card

Jason Levy helps clients navigate complex issues related to employee benefits and executive compensation, including compliance with the Internal Revenue Code and ERISA. Mr. Levy provides clients with a range of knowledge and skills, including in fiduciary compliance issues, all aspects of multiemployer plan operations and risk management, de-risking transactions, structuring investment funds to accept investments from ERISA-covered pension trusts, designing, drafting, and amending a wide range of retirement plans and welfare plans, and representing employment, human resources and benefit interests in mergers and acquisitions. Mr. Levy utilizes his deep knowledge in the ERISA space and his background as a former litigator to craft advice that is both practical and strategic.

Fiduciary Advice

  • Advise companies and provide thought leadership on compliance issues regarding Department of Labor’s Fiduciary Conflict Rule and Best Interest Contract Exemption.
  • Drafted several Comment Letters and successfully engaged in follow-up advocacy concerning changes to proposed Fiduciary Conflict Rule and Best Interest Contract Exemption.
  • Advise plan fiduciaries regarding their obligations under ERISA, including their duties with respect to plan assets, plan expenses, and prohibited transactions.

Multiemployer Plans

  • Extensive experience addressing multiemployer plan issues, including managing withdrawal liability risk and risks related to plan funding.
  • Provide analysis and counsel concerning all aspects of recent multiemployer plan bills, as well as proposals to address PBGC multiemployer program funding.
  • Regularly advise clients regarding multiemployer plan issues in corporate transactions.
  • Advise multiemployer welfare plan and multiemployer bargaining unit in litigation covering labor and ERISA issues.

Pension Plan De-Risking

  • Advised WestRock Company in one of the largest U.S. pension transfers — the settlement of $2.5 billion in pension obligations via the purchase of a group annuity contract covering approximately 35,000 retirees and beneficiaries.
  • Advised Fiduciary Counselors as independent fiduciary for a JC Penney pension plan regarding an annuity purchase announced in October 2015.
  • Successfully defended Verizon Communications and Verizon’s in-house fiduciaries against claims that one of the largest de-risking annuity purchases of its kind was contrary to plan terms and constituted a breach of fiduciary duty. Lee v. Verizon Communications Inc., 2015 WL 4880972 (5th Cir. 2015).

Benefit Plan Design and Administration

  • Extensive experience advising on all aspects of nonqualified plan design and operational issues for Fortune 100 company, including advising on 409A compliance issues and drafting state-of-the-art 409A specified employee policy.
  • Designed broad-based equity incentive plans for major financial institutions. 

Mergers and Acquisitions and Executive Compensation

  • Advised Osmotica Holdings Corp Limited on employee benefits and executive compensation matters in its 2015 combination with Vertical / Trigen Holdings, LLC.
  • Advised WSFS Financial Corporation on employee benefits and executive compensation matters in its 2015 acquisition of Alliance Bancorp, Inc. of Pennsylvania.
  • Analyze parachute payment liabilities arising in connection with various corporate transactions and recommended approaches for minimizing these liabilities.
  • Negotiate and draft employment agreements.

Investigations

  • Internal investigation for public investment fund relating to selection of vendors to execute equity trading.

Pro Bono

  • Give yearly presentations and trainings on benefits topics for U.S. Administration on Aging’s Pension Counseling and Information Program.
  • § 1983 action against the Jefferson Parish, Louisiana police department and other individuals allegedly responsible for the criminal investigation and prosecution of a plaintiff who was released after 15 years of wrongful incarceration.