Andrew L. Oringer
Partner
General Counsel
Practice Areas
- ERISA and Employee Benefits
- Executive Compensation
- Expert Witness
- Retirement Plans
- Mergers & Acquisitions
- Fiduciary Compliance
- Legislative, Regulatory & Policy Services
- Independent Fiduciary Services
- HIPAA, Privacy & Security
- Investment Management
- Bankruptcy & Restructuring
- Tax-Exempt Organizations
- Welfare Benefit Plans
Biography
Andrew Oringer heads the firm’s New York office and serves as its General Counsel. His expertise extends to a broad array of issues relating to ERISA and executive compensation. He advises clients regarding their pension and welfare plans and arrangements, benefits-related tax matters and fiduciary issues arising in connection with the investment of plan assets, and has extensive experience with executive compensation representing employers as well as individual executives. Andrew’s 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 intricate investment structures to address complex ERISA issues. As General Counsel, Andrew addresses a variety of ethical issues impacting an ever-growing law firm.
Nationally known for his experience with ERISA and matters relating to executive compensation, Andrew is a frequent speaker and writer on a wide variety of topics. He has been quoted in numerous publications, including The Wall Street Journal, The New York Times, The Financial Times, Crain’s Pensions & Investments, Newsday, USA Today, The Chicago Sun Times and Law360. He has authored, co-authored or contributed to numerous bar comment letters and reports to regulators, and has testified at the request of Congress and before the Department of Labor.
Andrew is co-chair emeritus of the Employee Benefits and Executive Compensation Committee of the American Bar Association’s Business Section, Emerging Issues Coordinator of the Employee Benefits Committee of the ABA’s Section of Taxation, former co-chair of the Employee Benefits Committee of the Tax Section of the New York State Bar Association, chair emeritus of the NYSBA’s Committee on Attorney Professionalism and a member of the NYSBA’s Committee on Professional Ethics.
Andrew’s expertise has been recognized in prestigious legal directories, including Chambers USA (2005-2022 (repeatedly in Band One in both New York and nationwide listings)); New York Super Lawyers (2006-2022, including repeated listings among New York City’s Top 100 lawyers across all practice areas), where he is on the advisory board; The Best Lawyers in America (2006-2022); and the Practical Law Company’s Labour and Employee Benefits Cross-Border Handbook (2007, 2010-2012). He is also a member of The Legal 500 Hall of Fame.
Prior to joining The Wagner Law Group, Andrew was partner in the New York offices of several international law firms.
Honors and Recognition
- The Best Lawyers in America (2006 – Present)
- Chambers USA (2005 – Present) (repeatedly in Band One in both New York and nationwide listings))
- New York Super Lawyers (2006 – Present), including repeated listings among New York City’s Top 100 lawyers across all practice areas)
- Named an Honorary Fellow of the American Bar Foundation in recognition of pro bono services (April 2021)
- The Legal 500 Hall of Fame
Speaking Engagements
- ERISA Fiduciary Institute 2023 – Panelist, American Bar Association Joint Committee on Employee Benefits (JCEB) seminar, Washington, D.C., September 12, 2023 – Click here for registration – Click here for PDF agenda
- Cool Compensation Considerations for the Private Company 2021: Pay, Performance and Perspectives — Practising Law Institute, Webinar (February 3, 2021)
- Regulatory Impacts Of New York’s Changing Energy Industry — New York State Bar Association Virtual Program (January 15, 2021)
- Private Funds Nuts & Bolts Webinar Series: How Can Your Fund Avoid ERIS(A)ky Business? An Introduction to ERISA and Pooled Investment Funds — Dechert LLP, Webinar (October 14, 2020)
- ESG Considerations for U.S. Asset Managers — Dechert LLP, Webinar (May 19, 2020)
- COVID-19 Federal Legislation Overview – Insured Retirement Institute, Webinar (March 26, 2020)
- Civility Matters – The New York Civility Standards and Their Role in the Modern World — NYSBA YLS Annual Meeting, New York, NY (January 27-31, 2020)
- The Newest Market Predictors, Anticipated Trends, and The Next Phase of Regulatory Changes— ACI’s ERISA Litigation Conference, New York, NY (November 21-22, 2019)
- 33rd Annual National Institute on Executive Compensation— ABA, Washington, D.C. (November 7-8, 2019)
- Mastering IRC 457(f): Guidance for ERISA Counsel in Structuring Deferred Compensation Plans for Nonprofit Entities – Strafford Publications, Inc., Webinar (October 29, 2019)
- Forum on Complex ERISA Fiduciary and Prohibited Transaction Issues – Cambridge Forum, Greenwich, CT (October 17-18, 2019)
- ERISA Revenue Sharing Arrangements – Clear Law Institute, Webcast (October 16, 2019)
- Hot Issues in Executive Compensation 2019 — Practising Law Institute, New York, NY (September 11, 2019)
- ERISA 2019: The Evolving World — Practising Law Institute, Webcast (August 5-6, 2019)
- ERISA Revenue Sharing Arrangements: Avoiding Plan Asset Status, Complying With Due Diligence Requirements — Strafford Publications, Inc., Webinar (July 30, 2019)
- Taxation of Financial Instruments and Transactions Committee Presentation — New York State Society of Certified Public Accountants, New York, NY (June 13, 2019)
- New IRC 83(i) Election for Qualified Equity Grants: Deferral Opportunities for Stock Options and RSUs — Strafford Publications, Inc., Webcast (May 16, 2019)
- Carrying On and “Acqui-hiring” a Taste for Earnouts and Other M&A Issues — Practising Law Institute, New York, NY (March 11, 2019)
- Texas v. U.S.: A Potentially Taxing Decision for Obamacare — Practising Law Institute, Webcast (January 8, 2019)
- Ethical Considerations: From the C-Suite to the Boardroom — The 32nd Annual National Institute on Executive Compensation, Washington, DC (November 8-9, 2018)
- 2018 Philadelphia Fall Labor and Employment Seminar — Philadelphia, PA (October 24, 2018)
- Professional Ethics For Legal and Compliance Summit — New York, NY (September 18, 2018)
- Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings 2018 — New York, NY (October 17, 2018)
- ERISA’s Fiduciary Rule Is Dead – Done, Done, on to the Next One — (August 29, 2018)
- Hedge Funds Nuts and Bolts: ERISA’s Once and Former Fiduciary Rule – Dead (Finally) — (August 8, 2018)
- ERISA 2018: The Evolving World — PLI New York Center, New York, NY (August 6, 2018)
- The New SEC Proposed Best Interest Rule and DOL Fiduciary Rule Update: What Plan Advisers and Employers Need to Know — (May 31, 2018)
- RCA’s Enforcement, Compliance & Operations (ECO) Symposium — New York, NY (May 15, 2018)
- PLI’s Pension Plan Investments 2018: Current Perspectives — New York, NY (May 15, 2018)
- Planning With Your Client’s Retirement and Life Insurance — (April 27, 2018)
- Employee Benefits and Executive Compensation Committee Meeting — ABA Business Law Section Annual Meeting 2017, Chicago, IL (September 14, 2017)
- ERISA 2017: The Evolving World — Practising Law Institute, New York, NY (August 1, 2017)
- Hot Topics Involving Retirement Plans and ERISA — IRI Government, Legal & Regulatory Conference 2017, Washington, D.C. (June 13, 2017)
- Washington Update: A 60-Day Reality Check — Money Management Institute, Palm Beach, FL (March 21, 2017)
- “Carrying On” About Carried Interest Plans? Partnership Equity Based Compensation — Practising Law Institute, New York, NY (March 13, 2017)
- Separations, Severances and Executive Departures: Responding to Requests, ERISA Applicability, Golden Parachutes and Company Communication — ACI’s Forum on Minimizing Legal Risks in the Design, Implementation & Administration of Executive Compensation, New York, NY (December 1, 2016)
- Educating Plan Participants on New Products and Menu Options — Pensions & Investments’ Alternatives in DC Conference, New York, NY (May 12, 2016)
- Recent Trends in ERISA Litigation – Webinar (April 6, 2016)
- Pension Plan Investments 2016: Current Perspectives — Practising Law Institute, New York, NY (March 30, 2016)
- DOL Seeks Ideal Balance in Brave New World of “Investment Advice” — Louisville Employee Benefits Council’s 2016 March Monthly Luncheon, Louisville, KY (March 8, 2016)
- Plan Assets Abroad — PLI’s ERISA Plans in the Financial Markets 2016, New York, NY (February 3, 2016)
- Executive Compensation National Institute: Section 280G Update — American Bar Association, Washington, D.C. (November 17, 2015)
- Compliance, Risk & Enforcement Symposium – New York 2015™ — Presented by the Regulatory Compliance Association, New York (November 3, 2015)
- ERISA 2015: The Evolving World — Practising Law Institute, New York (August 4, 2015)
- Taking Care with the DOL’s Re-Proposed Fiduciary Regulations — Bloomberg BNA Live Conference Series: “What You Need to Know About ERISA – A Comprehensive Overview” (July 21, 2015)
- Fifth Annual Law Firm Pension and Retirement Plans — PwC, New York, NY (July 16, 2015)
- DOL Fiduciary Rule –The Road Ahead — Strategic Insight Fund Trends Conference, New York, NY (June 23, 2015)
- How Did We Get Here? — SIFMA’s DOL Fiduciary Seminar, New York, NY (June 3, 2015)
- Employee Benefits Fiduciary Responsibilities Update — Section of Taxation of the ABA’s 2015 May Meeting, Washington, D.C. (May 8, 2015)
- Employee Benefits Mergers & Acquisitions Update — Section of Taxation of the ABA’s 2015 May Meeting, Washington, D.C. (May 8, 2015)
- The Compensation Landscape – Entity and Individual Compensation Considerations — Deloitte’s 2015 Financial Services Global Tax Planning Conference, New York, NY (April 21, 2015)
- Employee Benefits in Mergers & Acquisitions — American Bar Association – JCEB Program, New York, NY (June 5, 2014)
- ERISA Fiduciary Litigation: New and Emerging Theories of Liability, Effective Defense Strategies, Minimizing Exposure to Fiduciary Liability, and More — American Conference Institute’s 6th National Forum on ERISA Litigation, New York, NY (October 24, 2013)
- Incorporating the Latest IRS/Treasury, DOL, and PBGC Developments into Your Plan Design, Implementation, and Administration —ACI’s 2nd National Advanced Compliance and Benchmarking Forum on Employee Benefit Plans, New York, NY (May 30, 2013)
- Employment & Severance Agreements: What Both Employment & ERISA Attorneys Need To Know — New York City Bar Association, New York, NY (April 3, 2013)
- Employee Benefits Litigation Update — Section of Taxation 2013 Midyear Meeting, Orlando, FL (January 25, 2013)
- Employee Benefits Fiduciary Responsibilities Update — Section of Taxation 2013 Midyear Meeting, Orlando, FL (January 25, 2013)
- Class Action Update: Managing and Defending Against ERISA Class Actions and Defeating Certification — American Conference Institute’s 5th National Forum on ERISA Litigation, New York, NY (January 21, 2013)
- ERISA: The Evolving World 2012 — Practising Law Institute, New York, NY (August 5, 2012)
Bar Admissions
- New York
Media and Publications
- 401(k)s and the Courts in 2025 – planadviser, December 2, 2024 (PDF)
- Trump’s Labor Secretary Pick Presents ‘Mixed Bag,’ Retirement Experts Say – Pensions & Investments, November 27, 2024 (PDF)
- Trump’s ‘Unusual’ Pick for Secretary of Labor Has More Health Than Retirement Track Record – PLANSPONSOR, November 25, 2024 (PDF)
- 5 Ways Trump’s Election Could Change Employee Benefits – Law360, November 8, 2024 (PDF)
- Another Trump Term May Change Tax Treatment of Retirement Plans – PLANSPONSOR, November 6, 2024 (PDF)
- 4 Appellate Arguments Benefits Attys Should Watch in Nov. – Law360, November 1, 2024 (PDF)
- Parties in Pentegra MEP Lawsuit Decline Presence of Advisory Jury at Upcoming Trial – PLANSPONSOR, October 11, 2024 (PDF)
- Bills to Ban Arbitration Clauses Reappear in House, Senate – PLANSPONSOR, October 9, 2024 (PDF)
- Circuit ‘Crash’ Over Benefit Plan Conflicts Cues High Court Look – Bloomberg Law, October 9, 2024 (PDF)
- 4 ERISA Arguments to Watch in September – Andrew Oringer, Law360, September 6, 2024 (PDF)
- 12 Attorneys from The Wagner Law Group to be Recognized in 2025 Edition of The Best Lawyers in America© – EIN Presswire, August 15, 2024 (PDF)
- New Regulations Strengthen Retirement Savings Protection – Andrew Oringer, The Pinnacle Gazette, August 8, 2024 (PDF)
- 4 Takeaways After Courts Block ERISA Advice Regs – Law360, July 29, 2024 (PDF)
- Employer Forfeited Funds Complaint Against HP Inc. 401(k) Plan Is Dismissed – PLANSPONSOR, July 10, 2024 (PDF)
- Chevron Reversal Could Affect Appeal of DOL’s ESG Rule – PLANSPONSOR, July 5, 2024 (PDF)
- Lawsuit Against NYC Pension Funds’ Divestment in Fossil Fuels Dismissed – PLANSPONSOR, July 3, 2024 (PDF)
- 5 Argument Sessions Benefits Attys Should Watch For In July – Law360, July, 3, 2024 (PDF)
- Defined Contribution is Rife with Legal and Management Challenges. Post-Chevron, it Could Get Worse – Pensions & Investments, July 3, 2024 (PDF)
- PBGC Closer to Receiving Pension Plan Restitution Payments – PLANSPONSOR, July 1, 2024 (PDF)
- 5 ERISA Cases to Watch in 2024’s Second Half – Law360, June 21, 2024 (PDF)
- Pivotal ERISA Case Stalls Amid Mental Health Crisis – Law360, June 13, 2024 (PDF)
- TIAA Retirement Suit Foreshadows Future 401(k) Rule Litigation – Bloomberg Law, June 7, 2024 (PDF)
- 401(k) Lawsuits Over ‘Forfeited’ Money Get a Lifeline – Investment News, June 3, 2024 (PDF)
- Increased Litigation Around PRTs Brings Insurance Industry Practices to Light – PLANSPONSOR, June 3, 2024 (PDF)
- 4 Takeaways from DOL’s Final ERISA Investment Advice Regs – Law360, April 25, 2024 (PDF)
- Labor Department Issues Rule to Crack Down on Bad Retirement Savings Advice – CNBC, April 23, 2024 (PDF)
- April 15 the (Unofficial) Cutoff for Meetings on Fiduciary Rule – Ignites, April 10, 2024 (PDF)
- IBM Wins Dismissal of Pension Lawsuit – PLANSPONSOR, April 9, 2024 (PDF)
- Minnesota Sponsor Sues Adviser for True-Up Plan Amendment – PLANSPONSOR, April 3, 2024 (PDF)
- Molina Healthcare Close to Win in ERISA Lawsuit – PLANSPONSOR, March 22, 2024 (PDF)
- Companies Transferred Billions in Pension Assets to Annuities. Here Come the Lawsuits – InvestmentNews, March 14, 2024 (PDF)
- Plaintiffs Request Judge Approve Settlement in ERISA Data Breach Lawsuit – PLANSPONSOR, May 13, 2024 (PDF)
- 4 Trends Executive Compensation Attorneys Are Watching – Law350, February 23, 2024 (PDF)
- Judge Denies American Airlines’ Motion to Dismiss – PLANSPONSOR, February 22, 2024 (PDF)
- Pennsylvania Federal Judge Orders RiversEdge Out of Retirement Plans – PLANSPONSOR, February 21, 2024 (PDF)
- 26 State Attorneys General Appeal Biden ESG Rule Decision – PLANSPONSOR, January 19, 2024 (PDF)
- DOL Gives Go-Ahead to Auto Enrollment in Emergency Accounts – Investment News, January 17, 2024 (PDF)
- DOL Sues Blue Cross Blue Shield Minnesota for Collecting $66.8M in Provider Tax – PLANSPONSOR, January 17, 2024 (PDF)
- 5 Recent ERISA Decisions Attorneys Should Know – Law360, December 8, 2023 (PDF)
- Cornell Ruling Widens Circuit Court Split on ERISA Fiduciary Question – PLANSPONSOR, November 22, 2023 (PDF)
- A ‘Sea Change’ May be Coming for Investment Advice about 401(k)-to-IRA Rollovers – CNBC, November 8, 2023 (PDF)
- IBM Plans to End 5% Employer Matching in 401(k) Plan – PLANSPONSOR, November 3, 2023 (PDF)
- 3 Takeaways From DOL’s New Fiduciary Proposal – Law360, November 2, 2023 (PDF)
- How Retirement Security Litigation Has Impacted the Defined Contribution Landscape – Pensions & Investments News, October 24, 2023 (PDF)
- New Wave of 401(k) Forfeiture Lawsuits May Hinge on Plan Terms – Bloomberg Law, October 24, 2024 (PDF)
- Investors Roll More Than $600 Billion a Year to IRAs. Anticipated Labor Department Rules Could Raise Their Protections – CNBC, October 6, 2023 (PDF)
- Biden ESG Rule Survives Challenge in Court. ‘Tonal Shift’ May be Biggest Victory, Lawyer Says – CNBC, September 27, 2023 (PDF)
- 4 Takeaways For Benefits Attys After Judge Clears ESG Rule – Law360, September 22, 2023 (PDF)
- New Strategy in 401(k) Litigation: Ask for Settlement Before Suit is Filed – Investment News, September 20, 2023 (PDF)
- Latest ERISA Standard Ruling Could Lead To More Dismissals – Law360, September 15, 2023 (PDF)
- Department of Labor Recovers $22.5 million for ESOP – PLANSPONSOR, September 13, 2023 (PDF)
- DOL Braces For Hostile Reception To Fiduciary Rule Rewrite – Law360, September 12, 2023 (PDF)
- 9th Circ. Reopens Door To Reprocessing In UBH Battle – Law360, August 25, 2023, (PDF)
- Former Director Sues Howard University Pension Plan – PLANSPONSOR, August 21, 2023 (PDF)
- 10th Circ.’s Okla. PBM Ruling Could Curtail State Regulation – Law360, August 18, 2023 (PDF)
- 9th Circ. ERISA Fee Ruling May Spur High Court Intervention – Law360, August 9, 2023 (PDF)
- UnitedHealth Group Insurance TPA, UMR Sued by DOL – PLANSPONSOR, August 2, 2023 (PDF)
- ERISA Arbitrability Battles May Require High Court Guidance – Law360, July 21, 2022 (PDF)
- Twitter Hit With $500M Suit for Unpaid Severance – planadviser, July 12, 2023 (PDF)
- 3 DOL Moves Benefits Attorneys Will Be Watching For – Law360, July 3, 2023 (PDF)
- Jury Delivers Win to Yale With 403(b) Lawsuit Verdict – PLANSPONSOR, June 29, 2023 (PDF)
- DOL Sues Missouri Bankers Benefit Plan – PLANSPONSOR, June 16, 2023 (PDF)
- Could Health Care Regulation Go the Way of Retirement Plans? – PLANSPONSOR, June 12, 2023 (PDF)
- Churchill Holdings ESOP Participants Sue – PLANSPONSOR, June 2, 2023 (PDF)
- DOL,Trade Groups Clash Over ERISA Prohibited Transactions – Pensions & Investments, May 22, 2023 (PDF)
- Employers Discuss Why They Use Vendor Search Consultants – PLANSPONSOR, May 19, 2023 (PDF)
- Aon, Astellas Pay to Settle CIT Conflict of Interest Litigation – PLANSPONSOR, May 9, 2023 (PDF)
- Court Ruling Vacating DOL Rollover Guidance isn’t End of Fiduciary Saga – Pensions & Investments, May 1, 2023 (PDF)
- 3 May Argument Sessions Benefits Attorneys Should Watch – Law360, April 28, 2023 (PDF)
- DOL Sues Profit-Sharing Retirement Plan of California Consultant – PLANSPONSOR, April 17, 2023 (PDF)
- Governance – PLANSPONSOR Magazine, March – April 2023
- 7th Circ. Northwestern Ruling Eases ERISA Pleading Standard – Law360, March 24, 2023 (PDF)
- LinkedIn Settles 401(k) Excessive Fee Complaint for $6.75 Million – PLANSPONSPR, March 15, 2023 (PDF)
- Battle Over ESG Means Balancing Act For Benefits Plans – Law360, March 3, 2023 (PDF)
- Court Ruling Vacating DOL Rollover Guidance Isn’t End Of Fiduciary Saga – Pensions & Investments, March 1, 2023 (PDF)
- Church-Exemption Ruling Could Have Wide Implications – PLANSPONSOR, February 22, 2023 (PDF)
- DOL Court Loss Casts Shadow On Fiduciary Rulemaking – Law360, February 17, 2023 (PDF)
- Lawsuit Accuses Conagra of Shirking Pension Benefits – PLANSPONSOR, February 16, 2023 (PDF)
- Federal Judge Strikes Down DOL Rollover Advice Guidance – PLANSPONSOR, February 14, 2023 (PDF)
- Patients Down, But Not Out, After 9th Circ. Benefits Ruling – Law360, February 3, 2023 (PDF)
- TIAA Class Action Reversal May Impose Significant Procedural Hurdle for Future Cases – Andrew Oringer, PLANSPONSOR, January 24, 2023 (PDF)
- ESOP Plan Faces Retirement Records Lawsuit – PLANSPONSOR , January 5, 2023 (PDF)
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