Brian serves as co-chair of the firm’s Employee Benefits & Compensation Department. Known for his refusal to back away from any challenge, he provides strategic guidance to employers to help them manage their most pressing employee benefits and executive compensation challenges. Brian guides clients on 401(k) plans, pension plans, employee stock ownership plans (ESOPs) and top-hat executive deferred compensation plans.

Brian has also helped employers establish and maintain their ESOPs and handled M&A-related benefit plan integration matters. He represents clients before the IRS in connection with audits, Voluntary Correction Program submissions and ruling requests and before the Department of Labor in connection with audits and advisory opinion requests. He also assists clients with their fiduciary obligations under ERISA.

Representative Matters

  • Assisted several clients with lump sum cash-outs of pension plan participants, including early retirement windows, small amount windows for retirees and a spin-off/termination transaction.
  • Advised several public company employers concerning the treatment of employer stock funds following the Dudenhoefer decision.
  • Prepared or reviewed nonqualified retirement plans, incentive plans, award agreements, severance arrangements, employment agreements and change of control agreements of numerous public and private companies for compliance with Section 409A of the Internal Revenue Code.

Before Fox Rothschild

Prior to joining Fox, Brian was a partner at Oppenheimer Wolff & Donnelly LLP.

Beyond Fox Rothschild

Brian frequently serves as a lecturer for Minnesota Continuing Legal Education programs.

Honors & Awards

  • Included in the list of The Best Lawyers in America for more than 20 years