Mark Greenstein
Mark Greenstein
OF COUNSEL
Practice Areas
Biography
Mark is a seasoned ERISA attorney who comes to our firm after nearly 25 years in the Office of Policy and Research at the Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA). During his tenure at the DOL, Mark analyzed complex legal issues arising under Title I of ERISA, including those arising under legislation, as well under Organization for Economic Co-operation and Development (OECD) and Government Accountability Office (GAO) reports. In the private sector, Mark represented corporate clients on ERISA Title I issues , including in connection with an application for a landmark ERISA prohibited transaction exemption.
Mark also served in EBSA’s Office of Regulations and Interpretations, Division of Fiduciary Interpretations, where he responded to inquiries from the public and the field on ERISA Title I issues, including fiduciary responsibility and prohibited transaction provisions. As Acting Division Chief there, Mark supervised the production of a large volume of advisory opinions and other guidance. He also originated the analysis that served as the basis for the Supreme Court’s decision in the seminal Title I case, Commissioner v. Keystone Consol. Industries, Inc. In addition, Mark originated drafts and analyses serving as the basis for the DOL regulations under Section 404(c) of ERISA.
Publications & Media
PUBLICATIONS AND NEWS
- Cryptocurrency Trading Risks and Risk Mitigation Strategies for ERISA Plan Investors – Co-author, Bloomberg Law Compensation Planning Journal, July 1, 2022 (PDF)
- DOL Proposes Tougher Prohibited Transaction Exemption Procedures – Co-author, Bloomberg Tax, Tax Management Compensation Planning Journal, June 6, 2022 (PDF)
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401(k)s with Bitcoin Should Expect Lawsuits: Lawyers – Ignites, June 2, 2022 (PDF)
- What Mandatory Auto-Enrollment IRAs Actually Mean – Co-author, 401(k) Specialist, October 16, 2021 (PDF)
- Retirement Industry People Moves – PLANSPONSOR, September 24, 2021 (PDF)
- Would A Brokerage Window Limit An ERISA Plan’s Fiduciary Risk? – Financial Advisor Magazine – May 4, 2022 (PDF)
Education
- LL.M. in Taxation – New York University School of Law
- J.D. – Villanova University School of Law
- Bachelor of Arts in Psychology – University of Pennsylvania
Bar Admissions
- Washington, D.C.
- New York
Law Alerts
Are Brokerage Windows an Effective Way of Limiting Fiduciary Risk After Hughes v. Northwestern?
In Hughes v. Northwestern University, 142 S.Ct. 737 (January 24, 2022), the Supreme Court held that fiduciaries to self-directed defined contribution retirement savings plans are responsible for determining the prudence of all investment alternatives offered on a...