Michael O’Brien
Of Counsel
New York
(212) 574-1505
Michael O'Brien
Sections

Biography

Michael O’Brien is Of Counsel in the ERISA practice.

His practice covers a wide array of employee benefits, executive compensation and ERISA matters.

Mike regularly represents both buyers and sellers in connection with employee benefits and executive compensation matters in mergers and acquisitions. In particular, this includes advising on related tax matters such as the golden parachute provisions in Sections 280G and 4999 of the U.S. Internal Revenue Code.

He advises both public and private companies, as well as executives, on executive compensation matters and employment arrangements, including equity and incentive compensation, as well as deferred compensation arrangements, and related compliance matters under Code Section 409A and 457A.

Mike regularly advises investment management clients on ERISA matters, with a focus on Title I fiduciary compliance. This includes representing managers in connection with investments from “plan asset” clients, such as ERISA and governmental plan clients, including in respect of side letters and counterparty agreements.

He also represents both lenders and borrowers in credit facilities in respect ERISA provisions in financing documents.

Capabilities

Credentials

Education

Harvard Law School

  • J.D., 1998
  • cum laude

Georgetown University

  • B.S.B.A., 1992
  • summa cum laude

St. Joseph’s Seminary and College

  • M.A., Theology, 2024

Bar Admissions

  • New York

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