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919 Third Avenue
New York, New York 10022
United States of America
P: +1 212.756.2050
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Mark E. Brossman is a partner in the New York office and co-head of the firm's Employment & Employee Benefits Group. His areas of concentration include all aspects of ERISA, employment discrimination, labor relations, education law and related litigation. Mark is counsel to many large multi-employer and single-employer employee benefit plans; educational institutions including universities, colleges and private independent schools; health care institutions, including nursing homes and home care employers; and a wide variety of other clients in industries ranging from banks and financial institutions to textile and furniture to magazine publishing, transportation and alcohol distribution. Mark also has represented many senior executives in negotiating their employment contract and/or separation terms.
Mark is listed in The Best Lawyers in America and New York Super Lawyers and was recognized by both Human Resource Executive and Lawdragon as one of the 100 most powerful employment attorneys in America and one of the top 10 in ERISA law. Mark received Cornell University School of Industrial and Labor Relations' prestigious Judge William B. Groat Alumni Award (for achievement in the field of industrial relations), the Emerald Isle Immigration Center's Robert Briscoe Award, membership in the Academy of Employee Benefit Authors, and the Lawyers Alliance for New York’s Cornerstone Award (for outstanding pro bono service to New York nonprofit organizations), in addition to being the first recipient of LANY’s Pro Bono Leadership Award. A frequent public speaker and author, Mark has served as a lecturer in the Cornell University ILR School’s Labor Relations Studies Program and as an instructor in the Columbia University Teacher’s College. He also is active in several not-for-profit organizations, including the Cornell University Council, the Advisory Council of Cornell University ILR School, the Board of Directors of New York University School of Law's Center for Labor & Employment Law, the Board of Directors of the Council of Senior Centers and Services of New York City Inc., and the Citizens Budget Commission. Mark earned his B.A. in industrial and labor relations from Cornell University in 1975, his J.D. from New York University School of Law in 1978 and an L.L.M. in Labor Law from the same institution in 1981.
Selected Publications
“Multiemployer Benefit Plan Issues,” Compensation, Work Hours and Benefits, 2009 (co-author)
“Alternative Investments,” Employee Benefit Issues, 2005 (co-author)
“Shareholder Activism Aimed at Executive Compensation,” Benefits and Compensation Digest, December 2005 (co-author)
“Legal Considerations in the Investment of Plan Assets,” Investment Policy Guidebook for Trustees, International Foundation of Employee Benefit Plans, 2004
“Alternative Dispute Resolution in the Executive Employment Context,” Executive Compensation, BNA Books, 2004 (co-author)
“Communicate or Litigate: Current Legal Issues Affecting Plan Communications,” Employee Benefit Issues, 2002 (co-author)
“Health Care: Recent Legal and Fiduciary Issues,” Employee Benefit Issues, 2001 (co-author)
“Employee Benefits Annual Checkup,” Employee Benefits Journal, 2001 (co-author)
“Communicate or Litigate: Current Legal Issues,” Employee Benefit Issues, 2000 (co-author)
“The Contingent Workforce: Do Workers=Employees?” Employee Benefit Issues, 2000 (co-author)
“The Role of Counsel in Sexual Harassment Investigations,” Sexual Harassment in the Workplace, January 2000 (co-author)
“Schools Face Greater Liability for Student Injuries Outside School,” Bac Talk, Winter 1999 (co-author)
“Complying with COBRA: Internal Revenue Service Issues Final Regulations,” New York State Bar Association Labor & Employment Newsletter, 1999 (co-author)
“Investment of Plan Assets: Fiduciary Issues,” Employee Benefit Issues, 1999 (co-author)
“ERISA Liability & the Year 2000 Bug,” Employee Benefits Digest, April 1999
“SEC’s Amendments to Shareholder Proposal Rules Are A Victory for Shareholder Advocacy,” Employee Benefits Journal, December 1998 (co-author)
“The Supreme Court Rulings on the Importance of Anti-Harassment Policies,” Ethikos, 1998 (co-author)
“Are Employment Laws Doing Their Job?: A Defense Lawyer’s View,” The American Lawyer, September 1997 (co-author)
“Proxy Voting and Shareholder Activism: The Emerging Issues,” Employee Benefit Journal, June 1996 (co-author)
“Primary schools as well as colleges are learning from a spate of lawsuits that sex harassment allegations may be brought not only by employees but by students,” National Law Journal, June 1995, and Juvenile Justice, Illinois State Bar Association, October 1995 (co-author)
“Workers Gain Privacy Rights by Legislation, Judicial Action,” The National Law Journal, April 9, 1990
“ERISA and Multiemployer Employee Benefit Funds,” Handbook of Health Care Human Resources Management, 1990
“Fiduciary Responsibility,” and “Special Issues for Multiemployer Plans,” Employee Benefits Today: Concepts and Methods, 1989
“Social Investing for Pension Funds: For Love or Money,” International Foundation of Employee Benefit Plans, 1982 (co-author)
More
Selected Speaking Engagements
“Legal Issues for New York Heads of School,” NYSAIS Annual Conference for Heads of School, 2009
“What You Need to Know About Phased Retirement and Return-to-Work Strategies,” International Foundation of Employee Benefit Plan Annual Employee Benefits Conference, 2009
Commentator, “Using Disclosure to Regulate Employment,” Labor and Employment Law Initiatives and Proposals in the Obama Administration, New York University School of Law, 62nd Annual Conference on Labor, 2009
“From a Party’s Perspective - Selecting the Right ADR Process,” Sheinman Institute Labor Arbitrator Development Program, 2009
“Current Legal Climate for Schools in Connecticut and New York,” NYSAIS/CAIS Business Affairs Conference, Mohonk Mountain House, 2008
“The Professional Trustee” and “The Independent Fiduciary for ERISA Plan Investments,” International Foundation of Employee Benefit Plans Advanced Trustees Institute, 2008
“Crisis Management for Fund Managers,” Investment Management Hot Topics, 2007
“Fiduciary Issues in 401(k) Plans: An Avalanche of Litigation,” New York State Bar Association Labor and Employment Law Section Fall Meeting, 2007
“Lead Plaintiff Update,” Institutional Investor Educational Foundation Annual Conference, 2007
“Evaluating and Monitoring Your Investment Advisors — When to Hold Them, When to Fold Them,” and “Searching and Selecting an Investment Manager,” International Foundation of Employee Benefit Plan Annual Employee Benefits Conference, 2007
“The Basics on Employee Benefits Issues,” New York State Bar Association conference on Employment Law for the General Practitioner and Corporate Counselor, 2007
“Legal Issues Confronting Business Managers,” New York State Association of Independent Schools, 2007
“ADA and Schools,” Educational Records Bureau, 2003, 2004, 2005, 2006 and 2007
“Trustee Communication with Participants,” and “Understanding Trustee Responsibility,” International Foundation of Employee Benefit Plans’ Annual Employee Benefits Conference, 2006
“Securities Litigation: What Does It Accomplish?,” Institutional Investor Educational Foundation’s Fifth Annual Conference on Global Shareholder Activism, 2006
“Employee Benefits: The Liability of HR,” The Five O’Clock Club, 2006
“The State of Multiemployer Plans,” New York University School of Law’s 59th Annual Conference on Labor: Employee Benefits and Executive Compensation, 2006
“Employment Law for the General Practitioner and Corporate Counsel,” New York State Bar Association, 2006
“School Law Update,” Brooklyn and Staten Island Independent Schools Annual Conference, 2006
“LM-10/LM-30 Reporting Requirements,” International Foundation of Employee Benefit Plans’ Advanced Trustees and Administrators Institute, 2006
“Trustee Expense Reimbursement Policies,” International Foundation of Employee Benefit Plans’ Annual Employee Benefits Conference, 2003; Advanced Trustees Institute, 2005 and 2006
“Fiduciary Responsibility,” International Foundation of Employee Benefit Plans’ New Trustees Institute, 2002, 2005 and 2006
“Legal Issues Confronting Heads of Schools,” New York State Association of Independent Schools Annual Membership Meeting, 2005
“Class Action Lawsuits,” International Foundation of Employee Benefit Plans Annual Conference, 2004 and 2005
“For Heads and Board Chairs: Legal Update,” New York State Association of Independent Schools Trustee/Governance Workshop, 2004
“ERISA Litigation and Compensation Issues,” Practicing Law Institute’s Annual Institute on Employment Law, 2004
“Multiemployer Benefit Plans Issues,” New York University School of Law’s Annual Conference on Labor, 2004
“Class Action Litigation,” Grant & Eisenhofer’s Third Annual Institutional Investor Conference, 2004
“Corporate Restructuring: ERISA, WARN, OWBPA, Severance Agreements, etc.,” Law Education Institute’s National CLE Conference, 2003 and 2004
“Benefit Fund Involvement in Class Action Litigation,” AFL-CIO Union Lawyers Conference, 2003
“Managing Securities Class Action Suits: Insights from Plaintiff, Defendant, and Insurer,” American Conference Institute’s Trying and Defending Securities Class Actions, 2003
“Hot Topics in School Law,” New York State Education Department Conference of Non-Public Schools, 2003
“Revisiting Self Directed Investments,” International Foundation of Employee Benefit Plans’ Attorneys Forum on Employee Benefits, 2003
“How Does the Collective Bargaining Process Interact With the Role of the Trustee/Trust Fund,” International Foundation of Employee Benefit Plans’ Advanced Trustees Institute, 2003
“Employment Law Issues for Independent Schools,” National Business Officers Association, 2003
“Recent Litigation Involving Fiduciary Breaches,” National Association of Police Organizations, 2002 and 2003
“Legal Issues in Admission,” Educational Records Bureau Conference, 1998, 1999, 2000, 2001, 2002
“Enron’s Impact on Employee Benefit Plans,” New York State Bar Association, 2002
“HIPAA: Compliance with New Privacy Regulations Related to Medical Confidentiality,” Lorman Education Services, 2002
“Protecting Students While Protecting the School,” NYSAIS/CAIS Business Affairs Conference, 2002
“Recent and Proposed Legislation and Regulations Impacting Employee Benefit Plans” and “Legislative and Regulatory Developments in Pension Plans,” International Foundation of Employee Benefit Plans, 2002
“Legal Issues in Communications,” International Foundation of Employee Benefit Plans, Annual Conference, 2000, 2002
“A Look at New Legal Cases in Investments,” International Foundation of Employee Benefit Plans’ Investment Institute, 2001
“Employment Law Workshop,” Lawyers Alliance for New York, 2001
“Legal and Practical Issues Facing Admissions Professionals,” New York State Association of Independent Schools’ Admissions Director’s Conference, 2001
“Executive Compensation: Legal/Tax Implications,” New York State Association of Independent Schools’ Business Affairs Conference, 2001
“ERISA Potholes for Labor and Employment Lawyers,” Law Education Institute’s National CLE Conference, 2001
“Implied Limitations on Employer’s Exercise of Discretion in At-Will Setting,” Practicing Law Institute, 1998, 1999, 2000 and 2001
“Working Capital: The Use of Pension Fund Assets to Influence Corporate Behavior,” Transatlantic Perspectives on Labor and Employment Law, 2000
“Fiduciary Responsibilities in Investments,” 11th Annual Pension Fund Conference, 2000
Moderator, “Empirical Studies of Arbitration Systems for Employment Disputes: What Do We Know?,” New York University’s 53rd Annual Conference on Labor, 2000
“ERISA: An Employee Benefits Law for Those Afraid of the ‘E’ Word,” Law Education Institute, 2000
“Independent Schools in a Litigious Society,” Independent Schools Chairmen Association, 1999
“Issues Related to Other Than Full-Time Employees,” International Foundation of Employee Benefit Plans’ Annual Conference, 1999
“Employee Benefits: Update of Recent Legislation and Case Law,” New York State Bar Association, 1999
“The Meaning of ‘Employee’ for Employee Benefit Plans and Programs: Are Non-Traditional Workers Entitled to Benefits?” New York State Bar Association, 1999
“The ADA and Independent Schools,” New York State Association of Independent Schools, 1997 and 1999
More
Memberships
New York State Bar Association
Labor and Employment Law Section, Committee on Labor Relations Law,
1984-88
Committee on Employee Benefits, 1989-present;
Chair, 2004-08; Co-chair, 2002-03
Executive Committee, 2002-08
Committee on Continuing Legal Education, 2002-present
New York City Bar Association
Committee to Enhance Diversity in the Profession, 1995-2006
Committee on Minorities in the Profession, 1998-2006
Special Committee on Legal Support Staff, 1992-95
Committee on Employee Benefits, 1993-97
Task Force on Minorities, 1995-98
American Bar Association
Section on Labor and Employment Law, Committee on State Law
Developments, 1980-2008
Chairperson, AIDS and other Communicable Diseases
Subcommittee, 1989-94
Boards
Cornell University Council
Chair, Advisory Council, Cornell University School of Industrial and Labor Relations
Advisory Board, Labor and Employment Law Program, Cornell University
School of Industrial and Labor Relations
Board of Trustees, Rippowam Cisqua School
Board of Directors, Council of Senior Centers and Services of New York City Inc.
Board of Directors, New York University School of Law, Center for Labor and
Employment Law
Board of Trustees, Citizens Budget Commission
Board of Advisors, The Martin and Laurie Scheinman Institute on Conflict
Resolution at the Cornell University ILR School
Other Distinctions
- The Best Lawyers in America, 2008, 2009, 2010
- Top 100: The Nation’s Most Powerful Employment Attorneys – Top 10 for ERISA Law, Human Resource Executive 2009 (list chosen by Lawdragon)
- Cornell University ILR School Judge William B. Groat Alumni Award 2008 (for achievement in the field of industrial relations)
- Robert Briscoe Award, The Emerald Isle Immigration Center, 2007
- First Annual Award for Pro Bono Leadership, Lawyers Alliance for New York, 2006
- New York Super Lawyers, 2006, 2007
- Cornerstone Award (for outstanding pro bono service to New York nonprofit organizations), Lawyers Alliance for New York, 2003
- “Special Recognition Award,” Home Care Council of New York City, 2003
- “Principal for a Day,” PENCIL, 2000, 2001, 2002, 2003
- “Advocate for the Aging,” Council of Senior Citizens Centers, 1998
- Guide to the World’s Leading Labour and Employment Lawyers, Euromoney, 1997
- Academy of Employee Benefits Authors
- Cornell University School of Industrial and Labor Relations
Lecturer, Labor Relations Studies Program 1980-2004
- Columbia University Teacher's College
Instructor, 1996-2000
Bar Admissions
Court Admissions
- U.S. Court of Appeals, Eleventh Circuit 1989
- U.S. Supreme Court 1983
- U.S. Court of Appeals, Second Circuit 1983
- U.S. District Court, Northern District of New York 1982
- U.S. District Court, Western District of New York 1982
- U.S. Court of Appeals, Sixth Circuit 1981
- U.S. District Court, Eastern District of New York 1979
- U.S. District Court, Southern District of New York 1979
Education
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New York University School of Law, L.L.M., 1981
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New York University School of Law, J.D., 1978
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Cornell University, B.S., 1975
Prior Experience
Co-head, Employment and ERISA Department, Chadbourne & Parke, 1986-98
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