BALA CYNWYD, PA, Oct. 1, 2019 – James G. Steiker, Paul S. Fusco and Sean-Tamba Matthew of SES ESOP Strategies, a Stevens & Lee/Griffin company, and E. Thomas Henefer and Brad M. Kushner of Stevens & Lee spoke at the Multi-State ESOP Conference. The event was hosted by the Pennsylvania/Delaware and the New York/New Jersey Chapters of The ESOP Association and held Sept. 18-20, 2019, in Pocono Manor, PA.
In “Legal and Regulatory Update – a Practical Guide,” Messrs. Steiker and Henefer reviewed recent cases, filings and other legal developments concerning ESOPs. The discussion provided practical lessons rather than an in-depth legal analysis, including a litigator’s view of recent ESOP decisions and how outcomes are impacted by strategy decisions before and after litigation arises.
Mr. Fusco was a co-presenter for “ESOP Administrative, Disclosure and Reporting Toolkit/ESOP Calendar,” which provided attendees with a toolkit to help identify responsibilities and determine who will handle them, and establish timelines to ensure effective management of the ESOP annually and during the plan’s lifecycle.
During the pre-conference, Mr. Kushner facilitated the HR Roundtable, a peer-to-peer roundtable discussion about relevant ESOP topics and how they relate to employee relations, talent acquisition and training. Roundtable participants were senior human resources professionals.
Mr. Matthew was a co-presenter for “ESOP Jeopardy,” where every category related to ESOPs. Topics covered included legal issues, valuation, trustees and communications.
Mr. Steiker is President and CEO of SES ESOP Strategies, a Stevens & Lee/Griffin Platform company. He is a corporate, pension and tax attorney and financial advisor with more than 30 years of experience in ESOPs and other employee ownership matters. He focuses his practice primarily on ESOP design, transactions and compliance in entrepreneurial companies. He has a J.D. from New York University School of Law and a B.A. from Wesleyan University.
Mr. Henefer is Co-Chair of Stevens & Lee’s Litigation Department. For over 25 years, he has dedicated his practice to achieving the best results for clients in a wide array of general commercial and complex litigation matters with a particular focus on a wide array of ERISA disputes and clients in the life and disability insurance, financial services, and health care industries. Mr. Henefer has extensive civil litigation and trial experience in state and federal courts in jurisdictions across the country and in representing clients in complex governmental investigations. He also has argued numerous appeals before state and federal appellate courts, having argued many times before the Third Circuit in particular. His cases there have frequently involved significant ERISA issues, including one of the Third Circuit’s leading ERISA preemption cases. Mr. Henefer has a J.D. from Villanova University School of Law and a B.A. from Washington & Jefferson College.
Mr. Fusco advises corporations, shareholders, directors and ESOP trustees on a wide variety of ESOP-related issues, both transactional and non-transactional. His transactional experience includes representing corporations, shareholders, trustees and lenders in ESOP transactions, including stock purchases, leveraged buyouts, mergers, acquisitions and corporate reorganizations. Mr. Fusco’s non-transactional ESOP experience includes advising ESOP companies with regard to corporate governance, succession planning, ESOP plan design and compliance, and ERISA fiduciary issues. In addition, he has represented clients in IRS and U.S. Department of Labor plan audits, as well as in the various corrections and voluntary compliance programs offered through these agencies. He has a J.D., cum laude, from the State University of New York at Buffalo Law School and a B.A. in Economics, summa cum laude, from the State University of New York at Albany.
A Shareholder with Stevens & Lee, Mr. Kushner concentrates his practice in labor and employment matters. He defends employers against wage and hour claims under the Fair Labor Standards Act and state laws, as well as claims brought under Title VII, Americans with Disabilities Act (ADA), Age Discrimination in Employment Act (ADEA), the Family Medical Leave Act (FMLA) and state anti-discrimination laws. He has represented clients in class actions and collective actions in courts across the country. In addition, Brad counsels employers on Occupational Safety and Health Act (OSHA) matters and represents employers before the Occupational Safety and Health Review Commission. Mr. Kushner has a J.D., with high honors, from Rutgers University School of Law – Camden and a B.A., with highest honors, from Rutgers University.
Mr. Matthew advises companies, business owners, boards of directors and ESOP trustees on transactional, corporate governance and formation matters related to the design and implementation of ESOPs. His work includes drafting and negotiating agreements and other documents for stock purchases, mergers, reorganizations and corporate governance and formation matters. Mr. Matthew has a J.D. from Temple University Beasley School of Law and a B.A. from the University of Pennsylvania.